Pickens v. NH Department of Corrections, Commissioner et al

Filing 24

ORDER Directing Clerk to Make Service defendants Judy Baker, C/O King, and a second NCF transport officer (John Doe 3) as provided in the Agreement on Acceptance of Service. So Ordered by Magistrate Judge Andrea K. Johnstone.(jab)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Ivan Mosi Pickens
v.

Civil No. 14-cv-028-SM

New Hampshire Department of
Corrections, William Wrenn,
Commissioner, et al.1
O R D E R
Before the Court is Document No. 14, which Pickens entitled
"Amended Complaint," and filed in response to this Court's April
25, 2014, Order (doc. no. 6).

Document No. 14 is here for

preliminary review, pursuant to 28 U.S.C. § 1915A and LR
4.3(d)(1).
I.

Redocketing Document No. 14 as “Complaint Addendum”
Liberally construing the pro se pleadings, the Court

concludes that the allegations set forth in Document No. 14 are
intended to supplement, and not supplant, the claims and factual
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Defendants listed in Pickens’s original Complaint (doc. no.
1) are New Hampshire Department of Corrections Commissioner
William Wrenn; Northern New Hampshire Correctional Facility
(“NCF”) Corrections Officer (“C.O.”) Oliver, whose first name is
unknown (“FNU”); NCF Lt. J. Masse; and unnamed NCF employees.
In his Complaint Addendum (doc. no. 14), Pickens names NCF Nurse
Judy Baker and NCF Nurse Ryan Landry as defendants and further
identifies three of the unnamed defendants as: the individual
acting as NCF Warden on August 9, 2011; NCF C.O. FNU King, a
transport officer; and a second NCF transport officer, whose
name remains unknown.

allegations in the original Complaint (doc. no. 1).

Therefore,

the Court directs the Clerk to redocket Document No. 14 as a
“Complaint Addendum.”
II.

Service on Baker, King, and John Doe 3
For reasons stated in the Report and Recommendation issued

this date (“R&R”), the Court directs service upon the following
Defendants:

NCF Nurse Judy Baker; NCF Corrections Officer

(“C.O.”) King; and a second NCF transport officer, identified as
“John Doe 3.”

The Clerk is directed to serve electronic copies

of this Order, the R&R; the original Complaint (doc. no. 1); and
the Complaint Addendum (doc. no. 14), on the New Hampshire
Office of the Attorney General (“AG”), as provided in the
Agreement on Acceptance of Service.
Within thirty days from receipt of these materials, the AG
must submit an Acceptance of Service notice to the Court
specifying whether it agrees to represent Baker, King, and John
Doe 3, and whether Baker and King have authorized the AG to
receive service on their behalf.

When the AG files the

Acceptance of Service, service will be deemed made on the last
day of the thirty-day period for any defendant who accepts AG
representation.
If Baker or King does not authorize the AG to receive
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service on his or her behalf, or the AG declines to represent
either of them, or John Doe 3, the AG shall, within thirty days
from receipt of the aforementioned materials, provide the
relevant Defendant’s last known address to the Court.

In that

event, the Clerk is instructed to complete and issue a summons
for that Defendant, using the last known address provided, and
forward the summons, along with the documents listed above, to
the United States Marshal for the District of New Hampshire, to
complete service pursuant to Fed. R. Civ. P. 4(c)(3) and 4(e).
III. Deadline for Filing Answer
Defendants Baker, King, and John Doe 3 are instructed to
answer or otherwise plead within twenty-one days of service.
See Fed. R. Civ. P. 12(a)(1)(A).

The Court further directs

Defendant Oliver to answer or otherwise respond to the
supplemental allegations set forth in the Complaint Addendum
(doc. no. 14), with respect to Claims 1 and 2, as identified in
the R&R, by September 30, 2014.
SO ORDERED.
______________________________
Andrea K. Johnstone
United States Magistrate Judge
September 9, 2014
cc:

Ivan Mosi Pickens, pro se
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Lynmarie C. Cusack, Esq.
Nancy J. Smith, Esq.

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