Dean v. Galletta

Filing 8

ORDER Directing Clerk to Prepare documents for US Marshal to Make Service. So Ordered by Magistrate Judge Andrea K. Johnstone.(cmp)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Charles Dean
v.

Case No. 14-cv-555-JL

Andrew Galletta
O R D E R
Before the court is prisoner Charles Dean’s amended
complaint asserting claims against defendant, Andrew Galletta, an
employee at the Federal Correctional Institution in Berlin, New
Hampshire (“FCI Berlin”).

The matter is before the court for

preliminary review pursuant to 28 U.S.C. § 1915A(a) and LR
4.3(d)(1).
The facts alleged in the complaint warrant service of an
Eighth Amendment claim, under Bivens v. Six Unknown Named Agents
of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), against
Galletta in his individual capacity.

Accordingly, the clerk

shall issue the summons for Galletta (doc. no. 7-1), and shall
prepare and issue a summons for the United States.

Upon issuance

of those summonses, the clerk is further directed to provide the
summonses, the amended complaint (doc. no. 7), and this Order to
the United States Marshal for the District of New Hampshire
(“U.S. Marshal”).
Upon receipt of those documents, the U.S. Marshal shall
serve Galletta, pursuant to Fed. R. Civ. P. 4(e).

Service shall

be effected on the United States, pursuant to Fed. R. Civ. P.
4(i)(1)(A) & (B), by sending by certified mail a copy of the
summonses, amended complaint, and this Order to the United States
Attorney General in Washington, D.C., and to the civil process
clerk at the Office of the United States Attorney for the
District of New Hampshire.
Galletta is instructed to answer or otherwise plead within
60 days of service, pursuant to Fed. R. Civ. P. 12(a)(3).
SO ORDERED.

/s/ Andrea K. Johnstone
Andrea K. Johnstone
United States Magistrate Judge
March 12, 2015
cc:

Charles Dean, pro se

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