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

Filing 10

ORDER Directing US Marshal to Make Service. So Ordered by Magistrate Judge Landya B. McCafferty.(mm) Modified on 6/4/2013 to correct party making service (mm).

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

Howard D. Kelly
v.

Civil No. 13-cv-107-PB

Warren Dowaliby et al.1

O R D E R
Howard D. Kelly has filed a complaint (doc. no. 1)
asserting that his rights to adequate medical care and to viable
grievance procedures at the Strafford County House of
Corrections (“SCHC”) were violated during Kelly’s 2008-2010
incarceration at the SCHC.

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 (“LR”) 4.3(d)(2).
In the report and recommendation issued this date, the
undersigned magistrate judge has recommended that the due

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Kelly names the following individuals as defendants:
Strafford County House of Corrections (“SCHC”) Superintendent
Warren Dowaliby; SCHC Nurse Practitioner and Head of Medical
Services Tracy, whose last name is unknown (“LNU”); SCHC Medical
Technicians Rebecca LNU and Dawn LNU; and Strafford County
Sheriff David Dubois.

process claims asserted against SCHC Superintendent Warren
Dowaliby and Strafford County Sheriff David Dubois be dismissed.
For reasons stated in that report and recommendation, the court
hereby directs service of the complaint against SCHC Nurse
Practitioner Tracy and SCHC Medical Technicians Rebecca and
Dawn, whose last names are unknown (“LNU”).
The clerk’s office is directed to issue the summonses in
the file for the following defendants:

SCHC Nurse Practitioner

Tracy LNU, SCHC Medical Technician Rebecca LNU, and SCHC Medical
Technician Dawn LNU.

The clerk’s office shall forward to the

United States Marshal for the District of New Hampshire (“U.S.
Marshal’s office”): the summonses; the complaint (doc. no. 1)
including the exhibits thereto; 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 each individual defendant, see Fed. R. Civ. P. 4(c)(3) and
4(e).
Defendants are instructed to answer or otherwise plead
within twenty-one days of service.

See Fed. R. Civ. P.

12(a)(1)(A).
Kelly is instructed that all future pleadings, written
motions, notices, or similar papers shall be served directly on

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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
June 3, 2013
cc:

Howard D. Kelly, pro se

LBM:nmd

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