Crosby v. Strafford County Department of Corrections, Superintendent, et al

Filing 12

ORDER Directing US Marshal to Make Service: Clerk's office is directed to complete summonses for the following defendants: SCDC; NHSP inmate Braley, SCDC Officers Lt. Roy, Sgt. McGowen, Cpl. Cormier and C.O.'s Baggs , Nadeau, Darko and Chapel and forward for service the summonses and copies of the complaint, addenda and exhibits thereto (doc. nos. 1, 7 and 8), the Report and Recommendation issued this date, and this order. So Ordered by Magistrate Judge Landya B. McCafferty.(jab)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

Christopher Crosby
v.

Civil No. 12-cv-383-SM

Warren Dowaliby, Superintendent,
Strafford County Department of
Corrections, et al.1

O R D E R
Before this court, for preliminary review pursuant to 28
U.S.C. § 1915A(a) and United States District Court District of
New Hampshire Local Rule (“LR”) 4.3(d)(2), are the complaint and
two addenda to the complaint (doc. nos. 1, 7, and 8) filed by
pro se prisoner Christopher Crosby.

For reasons set forth in

the report and recommendation issued this date (the “R&R”),
Crosby has stated plausible claims for relief under 42 U.S.C. §
1983 and state tort law against each of the defendants.

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The

Defendants named in the complaint and the addenda (doc.
nos. 1, 7 and 8) are former Strafford County Department of
Corrections (“SCDC”) Superintendent Warren Dowaliby, SCDC inmate
Jacob Braley, and the following SCDC officers: Lt. Roy, whose
first name is unknown (“FNU”); Sgt. FNU McGowen; Cpl. FNU
Cormier; and Corrections Officers FNU Baggs, FNU Nadeau, FNU
Darko, and FNU Chapel. The narrative in the complaint and the
first addendum (doc. nos. 1 and 7) indicate that Crosby also
intends to name the SCDC as a defendant in this action.

claims to be served are identified as Claims 1, 2, 4, and 6-9 in
the R&R.
The court notes that there are summonses for defendants in
the file, but that defendant Jacob Braley’s address on the
summons may be incorrect, in light of Crosby’s allegation that
Braley is in the state prison.

The clerk’s office is directed

to complete and issue summonses for the following defendants:
the SCDC; New Hampshire State Prison inmate Jacob Braley, Inmate
No. 87447; and SCDC officers Lt. Roy (first name unknown
(“FNU”)), Sgt. FNU McGowen, Cpl. FNU Cormier, and Corrections
Officers FNU Baggs, FNU Nadeau, FNU Darko, and FNU Chapel.

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, the addenda and exhibits thereto (doc.
nos. 1, 7 and 8); the R&R; and this order.

Upon receipt of the

necessary documentation, the U.S. Marshal’s office shall serve
process upon the SCDC, and upon each individual defendant, see
Fed. R. Civ. P. 4(c)(3), 4(e), and 4(j)(2); see also 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).

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See Fed. R. Civ. P.

Crosby 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

April 22, 2013
cc:

Christopher Crosby, pro se

LBM:nmd

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