Palermo v. NH Department of Corrections, Commissioner et al

Filing 11

ORDER Directing Clerk to Make Service. So Ordered by Magistrate Judge Landya B. McCafferty.(cmp)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Christopher M. Palermo
v.

Civil No. 11-cv-337-JL

William Wrenn, Commissioner,
New Hampshire Department of
Corrections, et al.

O R D E R
Christopher Palermo has filed a complaint (doc. no. 1) and
an addendum to the complaint (doc. no. 5),1 pursuant to 42 U.S.C.
§ 1983, alleging that employees of the New Hampshire Department
of Corrections violated his constitutional rights while he was
incarcerated at the New Hampshire State Prison (“NHSP”).

The

matter is before the court for preliminary review to determine,
inter alia, 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 (“LR”) 4.3(d)(2).
As explained fully in the report and recommendation issued
simultaneously with this order, Palermo has stated claims upon
which relief might be granted alleging that his rights under the
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The complaint and addendum, taken together, are construed
to be the complaint in this matter for all purposes.

Religious Land Use and Institutionalized Persons Act, 42 U.S.C.
§§ 2000cc, et seq., the Free Exercise Clause of the First
Amendment, and the Equal Protection Clause of the Fourteenth
Amendment, have been violated by NHSP Lt. Casico (first name
unknown) and NHSP Chaplain James Daly.

The court now directs

service of the complaint (doc. nos. 1 and 5) on defendants
Casico and Daly.
Palermo has also stated a claim upon which relief might be
granted alleging retaliation by three nurses who have not yet
been identified by their full names in the complaint.

Palermo is

directed to amend his complaint, within sixty days of the date
of this order, to identify the nurses by their full names if he
intends to proceed with the retaliation claim asserted against
them.

Once the complaint is so amended, the court will direct

service of the complaint on the named nurse defendants.
With respect to the RLUIPA, Free Exercise, and Equal
Protection claims asserted against NHSP Lt. FNU Casico and James
Daly, the Clerk=s office is directed to serve the New Hampshire
Office of the Attorney General (AAG@), as provided in the
Agreement on Acceptance of Service, copies of this Order and the
complaint (document nos. 1 and 5).

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

Within

thirty days from receipt of these materials, the AG will submit

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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 Acceptance of Service is filed,

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

If either Daly or Casico does not authorize the AG=s

office to receive service on his 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.
Casico and Daly 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 B. McCafferty
United States Magistrate Judge
Date: February 8, 2012
cc:

Christopher M. Palermo, pro se

LBM:jba

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