Palermo v. Edmark et al
Filing
3
ORDER re 1 Complaint: claims as identified by plaintiff are cognizable. No further court action is required at this stage of the proceedings. So Ordered by Magistrate Judge Landya B. McCafferty.(dae)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Christopher Palermo
v.
Civil No. 11-cv-506-JD
Michael Edmark, et al.
O R D E R
Before the Court is Christopher Palermo’s complaint (doc.
no. 1), filed pursuant to 42 U.S.C. § 1983, alleging violations
of his rights under federal law.
Palermo is a prisoner
represented by counsel who has paid his filing fee.
Under 28
U.S.C. § 1915A, this Court must, in all civil actions “in which
a prisoner seeks redress from a governmental entity or officer
of employee of a governmental entity,” review the complaint to
identify cognizable claims or recommend dismissal of any claim
in the complaint that either fails to state a claim upon which
relief might be granted or seeks monetary relief from a
defendant immune from such relief.
28 U.S.C. § 1915A(a) & (b).
The Court is required to conduct such a screening in this
matter.
Because the complaint has been filed by counsel, and is
clear in its recitation of factual allegations, there is no
reason to restate the facts alleged therein.
Further, the
complaint succinctly sets out the claims for relief, and the
facts alleged are sufficient to support a cause of action for
the claims asserted.
Accordingly, I find that the claims, as
identified by plaintiff in the complaint, are cognizable.
Waivers, with attachments, have been issued electronically
to plaintiff to print and serve on defendants (doc. no. 2).
further court action is required at this stage of the
proceedings.
SO ORDERED.
_______________________________
Landya B. McCafferty
United States District Court
Date: November 3, 2011
cc:
Lawrence A. Vogelman, Esq.
LBM:jba
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