Ojo v. Hillsborough County Department of Corrections

Filing 6

ORDER Directing US Marshal to Make Service. So Ordered by Magistrate Judge Landya B. McCafferty.(jab)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

Osahenrumwen Ojo
v.

Civil No. 12-cv-204-SM

Hillsborough County Department
of Corrections et al.1

O R D E R
Before the court is the complaint (doc. no. 1) filed by
plaintiff, Osahenrumwen Ojo, asserting that Hillsborough County
Department of Corrections (“HCDC”) officers sexually assaulted
him on four separate occasions in June-August 2011, while
conducting pat down searches, by reaching between his legs and
grabbing his genitals from behind.

In a report and

recommendation issued on this date, the magistrate judge has
recommended that the district judge dismiss Ojo’s claim seeking
to hold the HCDC liable for the alleged sexual assaults under 42
U.S.C. § 1983.
For reasons stated in that report and recommendation, the
remaining claims, identified therein, may proceed.
1

Accordingly,

Defendants named by Ojo are the Hillsborough County
Department of Corrections (“HCDC”), HCDC Sergeant FNU Balles,
and HCDC Corrections Officers FNU Turcotte, FNU Mercy, and FNU
Barbarian. “Balles” and “Barbarian” are Ojo’s spellings for the
names of HCDC officers, who may be named “Ballis” and “Barbera.”
The court uses Ojo’s spelling to refer to the officers at issue.

the following claims shall be served, as specified below: Ojo’s
Fourteenth Amendment sexual assault claim asserted against the
individual defendants (HCDC Sergeant FNU Balles, and HCDC
Corrections Officers FNU Turcotte, FNU Mercy, and FNU
Barbarian); and Ojo’s tort claims of assault, battery, and
intentional infliction of emotional distress, asserted against
those individuals and their employer, HCDC.
The clerk’s office is directed to complete and issue
summonses for the following defendants:

HCDC, HCDC Sergeant FNU

Balles, and HCDC Corrections Officers FNU Turcotte, FNU Mercy,
and FNU Barbarian, using the HCDC’s address for service, 445
Willow St., Manchester, NH

03103.

The clerk’s office shall

forward to the United States Marshal for the District of New
Hampshire (the “U.S. Marshal’s office”): the summonses; the
complaint (doc. no. 1); the report and recommendation issued on
this date; and this order.

Upon receipt of the necessary

documentation, the U.S. Marshal’s office shall serve process
upon the HCDC, and upon each individual defendant, see Fed. R.
Civ. P. 4(c)(3), 4(e), and 4(j)(2); N.H. Rev. Stat. Ann. §
510:10.
Defendants are instructed to answer or otherwise plead
within twenty-one days of service.
12(a)(1)(A).
2

See Fed. R. Civ. P.

Ojo is instructed that all future pleadings, written
motions, notices, or similar papers shall be served directly on
defendants by delivering or mailing the materials to them or
their attorney(s), pursuant to Fed. R. Civ. P. 5(b).
SO ORDERED.

__________________________
Landya McCafferty
United States Magistrate Judge
September 25, 2012
cc:

Osahenrumwen Ojo, pro se

LBM:nmd

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