LeBlanc v. NH State Prison, Warden et al

Filing 12

ORDER Directing Clerk to Make Service as to NHSP Employees and US Marshal as to Non-NHSP Employees as outlined. Defendants to answer within 21 days of service. So Ordered by Magistrate Judge Landya B. McCafferty.(dae)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

Daniel J. LeBlanc, Sr.
v.

Civil No. 12-cv-84-JL

Richard M. Gerry, Warden,
New Hampshire State Prison, et al.

O R D E R
On June 21, 2012, the court conducted a preliminary review
of the pro se complaint (doc. no. 1) filed in this matter.

The

court, on that date, issued a report and recommendation (doc.
no. 8) recommending the dismissal of certain claims, and an
order (doc. no. 9) directing LeBlanc to amend his complaint to
properly identify the defendants to the surviving claims, and
state the factual basis upon which liability should rest for
each defendant named.

Plaintiff has now filed an “Amendment to

Original Complain[t]” (doc. no. 10)1 in response to the June 21
order (doc. no. 9).
As fully explained in a report and recommendation issued
simultaneously with this order, the court directs service of
LeBlanc’s Eighth Amendment and state law negligence claims
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The original complaint and attachments thereto (doc. no. 1)
and the amendment to the complaint (doc. no. 10) will be
considered, in the aggregate, to constitute the complaint in
this matter for all purposes.

alleging a failure to protect him from harm resulting in a
serious assault on LeBlanc, against defendants Kevin Stevenson,
Dr. Anthony Ramirez, Lt. Paul Casio, Emily Bryant, Janis Phelps,
and Terisa Quint.

Service
I.

NHSP Employees
As to defendants Casio, Stevenson, Phelps, and Quint, 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 complaint (doc.
no. 1); the report and recommendation (doc. no. 8) and order
(doc. no. 9) issued June 21, 2012; the amendment to the
complaint (doc. no. 10); the report and recommendation issued
this date; and this order.

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 named defendant has authorized the AG to receive service on
his or her behalf.

When the AG files the Acceptance of Service,

service will be deemed made on the last day of the thirty-day
period.
If any defendant does not authorize the AG to receive
service on his or her behalf, or the AG declines to represent

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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 to complete service on the defendant in accordance with
this order and pursuant to 28 U.S.C. § 1915(d) and Fed. R. Civ.
P. 4(c)(3).

II.

Non-NHSP Employees
As to defendant Bryant, the court understands that she is

not a prison employee, but an employee of MHM Services, Inc., a
private entity providing medical services at the NHSP.
Accordingly, Bryant must be served individually pursuant to Fed.
R. Civ. P. 4(e).

The Clerk’s office is directed to complete a

summons form for Emily Bryant at the following address: Emily
Bryant, c/o Attorney Deanne Johnson, MHM Legal Department, 1447
Peachtree St., Suite 350, Atlanta, GA 03009.
LeBlanc states that Dr. Ramirez is no longer employed at
the NHSP.

Accordingly, the Clerk’s office is directed to

complete a summons form for him at the following address: Dr.

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Anthony Ramirez, 111 Church Street, Laconia, New Hampshire,
03247.
Once completed, the Clerk’s office is directed to forward
the summonses for Bryant and Ramirez, along with copies of the
above-listed documents, to the U.S. Marshal to complete service.
See 28 U.S.C. § 1915(d); Fed. R. Civ. P. 4(c)(3).

III. Additional Instructions to Parties
Defendants are instructed to answer or otherwise plead
within twenty-one 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
Date:
cc:

August 16, 2012

Daniel J. LeBlanc, Sr., pro se

LBM:jba

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