Knapp v. Kench et al

Filing 15

ORDER Directing Clerk to Make Service on the New Hampshire Attorney General as provided in the Agreement on Acceptance of Service. So Ordered by Magistrate Judge Landya B. McCafferty.(mm)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
John Knapp
v.

Civil No. 11-cv-491-PB

Christopher Kench, Acting
Commissioner, New Hampshire
Department of Corrections et al.
O R D E R
Before the court is John Knapp’s amended complaint (doc.
no. 13), filed pursuant to 42 U.S.C. § 1983 and the Religious
Land Use and Institutionalized Persons Act (“RLUIPA”), 42 U.S.C.
§§ 2000cc – 2000cc-5.

Knapp asserts First Amendment, Fourteenth

Amendment, and RLUIPA claims against defendant prison officials
in their individual and official capacities.

Because Knapp is a

prisoner, the matter is before the court for preliminary review
to determine if the complaint states any claim upon which relief
might be granted.

See 28 U.S.C. § 1915A(a); United States

District Court District of New Hampshire Local Rule (“LR”)
4.3(d)(2).
For the reasons explained in a report and recommendation
issued this date, the court finds that Knapp has asserted First
Amendment and RLUIPA claims against defendants New Hampshire
State Prison (“NHSP”) Chaplain John Daly, NHSP Warden Richard
Gerry, and New Hampshire Department of Corrections Acting

Commissioner Christopher Kench in their individual and official
capacities.
this action.

Knapp seeks both injunctive and monetary relief in
The court authorizes the action, insofar as it

seeks damages, to proceed against the defendants in their
individual capacities.

To the extent Knapp seeks injunctive

relief, he may proceed against the defendants in their official
capacities.

Accordingly, the court now directs service of the

First Amendment and RLUIPA claims on the identified defendants.1
The Clerk’s office is directed to serve the New Hampshire
Office of the Attorney General (“AG”), as provided in the
Agreement on Acceptance of Service, electronic copies of the
report and recommendation issued this date, this order and the
amended complaint (doc. no. 13).

See LR 4.3(d)(2)(C).

Within

thirty days from receipt of these materials, the AG will submit
an Acceptance of Service notice to the court specifying whether
each defendant has authorized the AG’s office to receive service
on his or her behalf.

When the AG’s office files the Acceptance

of Service, service will be deemed made on the last day of the
thirty-day period.

1

In the report and recommendation issued this date, the
court recommends that the remaining claims in this action be
dismissed, including the official capacity claims for damages
and the claim asserting a violation of Knapp’s equal protection
rights. Nothing in this order shall be construed to preclude
defendants from asserting in this action that personal capacity
claims are unavailable under RLUIPA.
2

If any defendant does not authorize the AG=s office to
receive service on his or her behalf, or the AG declines to
represent any defendant, the AG shall, within thirty days from
receipt of the aforementioned materials, provide to the court
the last known address of that defendant.

In that event, the

Clerk’s office is instructed to complete and issue a summons for
that defendant, using the last known address provided, and
forward the summons, along with the above-listed documents, to
the U.S. Marshal’s office to complete service on the defendant
in accordance with this Order and Fed. R. Civ. P. 4(c)(3).
Defendants are instructed to answer or otherwise plead
within twenty days of service.

See Fed. R. Civ. P. 12(a)(1)(A).

Plaintiff is instructed that all future pleadings, written
motions, notices, or similar papers shall be served directly on
the defendants by delivering or mailing the materials to the
defendants or their attorney(s), pursuant to Fed. R. Civ. P.
5(b).
SO ORDERED.
__________________________
Landya McCafferty
United States Magistrate Judge
May 14, 2012
cc:

John Knapp, pro se

JBM:jba

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