Dean v. USA

Filing 7

ORDER Directing Clerk to prepare Summons and forward Service documents to US Marshal to Make Service on the United States. So Ordered by Chief Judge Joseph N. Laplante.(cmp)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

Charles Dean
v.

Civil No. 14-cv-184-JL

United States of America

ORDER

Before the court is pro se prisoner Charles Dean’s
complaint (doc. no. 1), seeking damages from the United States
under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b)
and 2674.

The matter is before the court for preliminary review

pursuant to 28 U.S.C. § 1915A.

Dean has alleged that Federal

Correctional Institution-Berlin Capt. A. Galetta, acting within
his scope of employment, failed to exercise due care in causing
Dean to be exposed to hazardous chemicals without proper safety
equipment and in an inadequately ventilated space, which caused
Dean physical injuries and emotional distress.

The facts

alleged in the complaint state a plausible claim for relief
against the United States under the FTCA.

Dean appears to have

both exhausted his administrative remedies, and filed his
complaint within the requisite time.

For those reasons, the

court directs service of the complaint.

The clerk’s office shall prepare and issue a summons,
naming the United States as the defendant.

The clerk’s office

shall forward to the United States Marshal for the District of
New Hampshire (the “U.S. Marshal’s office”) the summons and
copies of this Order and the complaint (doc. no. 1).

Upon

receipt of the necessary documentation, the U.S. Marshal’s
Office shall serve the United States in accordance with Fed. R.
Civ. P. 4(i)(1).
The United States shall file a response to the complaint no
later than sixty days from the date of service on the United
States Attorney.

See Fed. R. Civ. P. 12(a)(2).

Plaintiff is referred to Fed. R. Civ. P. 5, which requires
that every pleading, written motion, notice, and similar paper,
after the original complaint, shall be served by delivering or
mailing the materials to defendant’s attorneys.
SO ORDERED.

__________________________
Joseph Laplante
United States District Judge

DATED:
cc:

May 28, 2014

Charles Dean, pro se

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