Sweeney v. NH State Prison

Filing 13

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

John J. Sweeney, Jr.
v.

Civil No. 12-cv-276-SM

New Hampshire State Prison

O R D E R
In this action, John J. Sweeney, Jr., an inmate at the New
Hampshire State Prison (“NHSP”), has filed a complaint (doc. no.
1) and complaint addenda (doc. nos. 7, 9, and 11),1 alleging
violations of his federal constitutional and statutory rights at
the NHSP.

The complaint (doc. nos. 1, 7, 9, and 11) is before

the court for preliminary review to determine whether it 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).
For reasons stated in a report and recommendation issued
this date, the court finds that Sweeney has stated claims upon
which relief may be granted alleging excessive force and
retaliation claims against Corrections Officer (“C.O.”) Sullivan
(first name unknown “FNU”)), excessive force claims against Cpl.
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Sweeney’s pleadings (doc. nos. 1, 7, 9, and 11) are taken
together as the complaint in this matter for all purposes.

FNU Samson and C.O. FNU Logan, and a claim under the Americans
with Disabilities Act, 42 U.S.C. § 12132, against the NHSP.
The clerk’s office is directed to add defendants Sullivan,
Samson, and Logan to the caption of this matter in the docket.
The clerk=s office is further 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
report and recommendation issued this date, this order, the
order issued on October 26, 2012 (doc. no. 8), and the complaint
(doc. nos. 1, 7, 9, and 11).

Within thirty days from receipt of

these materials, the AG will submit an Acceptance of Service
notice to the court specifying whether all of the defendants
have authorized the AG to receive service on their behalf.

When

the AG files the Acceptance of Service, service will be deemed
made on the last day of the thirty-day period for all defendants
who accept AG representation.
If defendants do not authorize the AG to receive service on
their behalf, or the AG declines to represent any or all of the
defendants, the AG shall, within thirty days from receipt of the
aforementioned materials, provide to the court the last known
address of those defendants.

In that event, the clerk’s office

is instructed to complete and issue a summons for each of those

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defendants, using the last known address provided, and forward
the summonses, along with the above-listed documents, to the
U.S. Marshal to complete service on the defendants in accordance
with this Order and Fed. R. Civ. P. 4(c)(3).
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

December 18, 2012
cc:

John J. Sweeney, Jr., pro se

LBM/jba

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