Polansky v. NH Department of Corrections, Commissioner, et al

Filing 20

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

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

Christopher Polansky
v.

Civil No. 12-cv-105-PB

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

O R D E R
Before the court is Christopher Polansky’s complaint (doc.
no. 1), filed pursuant to 42 U.S.C. § 1983 and state law,
asserting violations of his constitutional and federal statutory
rights.

Because Polansky is a prisoner, the matter is before

the court for preliminary review to determine if the complaint
states any claim upon which relief might be granted.

See 28

U.S.C. § 1915A(a); United States District Court District of New
Hampshire Local Rule (“LR”) 4.3(d)(2).
Service
As explained fully in a report and recommendation issued
simultaneously with this order, Polansky has stated claims upon
which relief might be granted as follows: (1) an Eighth
Amendment claim, as well as state law claims, alleging
inadequate medical care, for the denial of physical therapy,

against defendants Dr. Celia Englander, Bernice Campbell, and
Helen Hanks, in their individual capacities; (2) an Eighth
Amendment claim alleging the denial of a safe shower facility,
against Warden Richard Gerry in his individual capacity; (3) a
First Amendment familial association claim against Major John
Fouts and Gerry in their individual capacities; and (4) ADA and
Rehabilitation Act claims alleging the denial of reasonable
accommodations to make the prison shower safe for Polansky and
to allow Polansky to have contact visits, against the New
Hampshire Department of Corrections.

Accordingly, the court now

directs service of these claims on the identified defendants.
To serve process on Dr. Celia Englander, the Clerk’s office
shall issue a summons against Dr. Englander, at the address
provided for the NHSP Medical Department, and shall forward to
the office of the United States Marshal for the District of New
Hampshire (the “U.S. Marshal”) the summons and copies of the
complaint (doc. no. 1), the report and recommendation issued
this date, and this order.

Upon receipt of the necessary

documentation, the U.S. Marshal shall make service upon Dr.
Englander.

See Fed. R. Civ. P. 4(c)(3).

As to the remaining defendants, the Clerk=s office is
directed to serve the New Hampshire Office of the Attorney

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General (AAG@), as provided in the Agreement on Acceptance of
Service, electronic copies of the report and recommendation
issued this date, this order, and the complaint (doc. no. 1).
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 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
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 Fed. R. Civ. P. 4(c)(3).
Defendants 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

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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
May 30, 2012
cc:

Christopher Polansky, pro se

LBM:jba

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