Perfetto v. Alexis et al

Filing 12

ORDER: The Clerk's office is directed to forward three blank summons forms to Perfetto for defendants Plumtin and for the Jane Doe defendants. Order Directing clerk to issue the completed summonses as outlined to the US Marshal to Make Service. So Ordered by Magistrate Judge Landya B. McCafferty.(ko)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Jonathan Andrew Perfetto
v.

Civil No. 12-cv-393-JL

Walter Alexis et al.
O R D E R
Jonathan Perfetto has filed a complaint (doc. no. 1)
pursuant to 42 U.S.C. § 1983, alleging that the defendant
employees of the Hillsborough County House of Corrections
(“HCHC”) violated a number of his rights under the federal
constitution and the Religious Land Use and Institutionalized
Persons Act, 42 U.S.C. § 2000cc-1(a) (“RLUIPA”), during his
incarceration at that facility.

The matter is before the court

for preliminary review to determine, among other things, whether
the complaint states any claim upon which relief could be
granted.

See 28 U.S.C. § 1915A(a); United States District Court

District of New Hampshire Local Rule 4.3(d)(2).
As fully explained in the report and recommendation issued
this date, the court finds that Perfetto has alleged sufficient
facts to state the following claims for relief:
1.
HCHC Officer Plumtin used excessive force against
Perfetto by punching him twice in the face on November 13,
2010, in violation of Perfetto’s Eighth Amendment right to
be free from cruel and unusual punishment; and

2.
A claim under RLUIPA for damages against former
HCHC Superintendent James O’Mara, HCHC Superintendent (and
former HCHC Assistant Superintendent) David Dionne, Capt.
Marc Cusson, and two Jane Doe HCHC mail clerks, in their
official capacities, alleging that defendants, acting
pursuant to unreasonably restrictive HCHC mail policies,
denied Perfetto access to religious pamphlets to distribute
to other inmates.
The court notes that Perfetto has filed summons forms for
three of the defendants against whom this suit may proceed:
Cusson, Dionne, and O’Mara.

The Clerk’s office is directed to

forward three blank summons forms to Perfetto for defendants
Plumtin and for the Jane Doe defendants.

Perfetto is directed

to complete and return the summons forms to the clerk’s office
within thirty days of the date of this order.1

The clerk’s

office is directed to issue the completed summonses presently in
the file, and additional completed summonses, once they are
received.

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 this date; and this order.

Upon

receipt of the necessary documentation, the U.S. Marshal’s
office shall serve process upon the defendants pursuant to Fed.
1

If plaintiff cannot now identify the Jane Doe mail clerks,
he may attempt to ascertain their names in discovery, then move
to amend his complaint to include their names, file completed
summons forms for each of them, and request that they be served
at that time.
2

R. Civ. P. 4(c)(3) and 4(e); see also N.H. Rev. Stat. Ann.
§ 510:2.
Defendants are instructed to answer or otherwise plead
within twenty-one days of service.
12(a)(1)(A).

See Fed. R. Civ. P.

Perfetto 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
May 21, 2013
cc:

Jonathan Andrew Perfetto, pro se

LBM:jba

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