Iryzarry v. Rockingham County Department of Corrections, Superintendent et al

Filing 9

ORDER plaintiff must amend his complaint within 30 days of this order 1 Complaint,., ( Amended Pleadings due by 1/23/2012.) So Ordered by Magistrate Judge Landya B. McCafferty.(mm)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

Charles Iryzarry
v.

Civil No. 11-cv-202-PB

Stephen Church, Superintendent,
Rockingham County Department of
Corrections, et al.

O R D E R
Before the court is Charles Iryzarry’s complaint (doc. no.
1) and addendum to the complaint (doc. no. 3).1

Iryzarry is an

inmate at the Rockingham County Department of Corrections
(“RCDC”), who alleges that his federal constitutional and state
law rights have been violated by RCDC employees.

The matter is

before the court for preliminary review to determine whether the
complaint states any claim upon which relief might be granted.
See 28 U.S.C. § 1915A(a); United States District Court for the
District of New Hampshire Local Rule 4.3(d)(2).
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Irzyarry initially filed a complaint in this matter (doc.
no. 1). Iryzarry later filed “discovery” exhibits which have
been docketed as an addendum to the complaint (doc. no. 3). The
court construes the complaint and addendum (doc. nos. 1 and 3),
in the aggregate, to be the complaint in this matter for all
purposes. Both the complaint and the addendum thereto were
filed with attached documents. The documents will also be
considered to be part of the complaint for all purposes. See
Fed. R. Civ. P. 10(c) (“A copy of a written instrument that is
an exhibit to a pleading is a part of the pleading for all
purposes.”).

In a report and recommendation issued simultaneously with
this order, the court finds that Iryzarry has stated sufficient
facts to state a claim for the denial of adequate mental health
care at the RCDC after January 10, 2011.

Iryzarry has failed,

however, to name any defendant to the claim.

Iryzarry will thus

be given the opportunity to amend his complaint to name the
defendant or defendants responsible for the denial of adequate
mental health care at the RCDC after January 10, 2011.

In his

amended complaint, Iryzarry must state what each named defendant
did or failed to do to cause Iryzarry’s constitutional rights to
be violated.
Conclusion
Within thirty days of the date of this order, Iryzarry must
amend his complaint to provide the information described above.
Failure to so amend his complaint will result in the court’s
recommendation that the complaint be dismissed.
SO ORDERED.

_________________________________
Landya B. McCafferty
United States Magistrate Judge
Date: December 21, 2011
cc:

Charles Iryzarry, pro se

LBM:jba

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