Sweeney v. NH State Prison

Filing 15

ORDER: Defendant Sullivan is to file a response to the request for preliminary injunctive relief within seven days of the date the office of the NH Attorney General accepts service on his behalf, or, if that office declines to accept service, the date Sullivan is served. (Miscellaneous Deadline set for 1/22/2013 to check status of acceptance of service.) So Ordered by Magistrate Judge Landya B. McCafferty.(jab)

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 et al. 1

O R D E R

In this action, John J. Sweeney, Jr., an inmate at the New
Hampshire State Prison, has filed a complaint (doc. no. 1) and
complaint addenda (doc. nos. 7, 9, and 11), 2 alleging violations
of his federal constitutional and statutory rights at the NHSP.
In the addenda filed November 20, 2012 (doc. no. 9), and
December 11, 2012 (doc. no. 11), plaintiff requests preliminary
injunctive relief.

Those requests have been referred to this

court for a report and recommendation. 3

See Order (doc. no. 14).

1

Defendants in this action are the New Hampshire State
Prison (“NHSP”), NHSP Cpl. Samson, and NHSP Corrections Officers
Sullivan and Logan.
2

Sweeney’s pleadings (doc. nos. 1, 7, 9, and 11) are taken
together as the complaint in this matter for all purposes.
3

Sweeney previously sought a preliminary injunction
concerning an alleged medical emergency. Sweeney has since
withdrawn that request, and the court will not consider the
medical care issues in the preliminary injunction proceedings
concerning retaliatory violence.

The court has determined that Sweeney’s complaint states
actionable claims alleging, among other things, that NHSP
Corrections Officer Sullivan has used excessive force and
retaliatory violence against Sweeney, and the court has directed
service of those claims.

See Order (doc. no. 13).

Sweeney

seeks a preliminary injunction protecting him from Sullivan,
who, he alleges, poses a continuing threat of retaliatory
violence to Sweeney.
The court at this time invites defendant Sullivan to file a
response to the request for preliminary injunctive relief
concerning the claims of excessive force and retaliatory
violence, and, in any event, orders Sullivan to file a response
to the request for preliminary injunctive relief within 7 days
of the date the office of the New Hampshire Attorney General
accepts service on his behalf, or, if that office declines to
accept service, the date Sullivan is served.

Upon receipt of

Sullivan’s response, the court will determine whether to
schedule a hearing on the motion for a preliminary injunction.
SO ORDERED.

________________________________
Landya McCafferty
United States Magistrate Judge

2

December 20, 2012
cc:

John J. Sweeney, Jr., pro se

LBM/jba

3