Chambers v. Gerry, Warden, et al.

2007 DNH 137

Opinion

Chambers v . Gerry, Warden, et a l . CV-07-326-PB 11/09/07 P UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

Randolph Chambers

v. Civil N o . 07-cv-326-PB Opinion N o . 2007 DNH 137.P Richard Gerry, Warden New Hampshire State Prison, et a l .

O R D E R

Pro se plaintiff Randolph Chambers, an inmate at the New

Hampshire State Prison (“NHSP”), has filed a complaint pursuant

to 42 U.S.C. § 1983 alleging that his right to dental care has

been denied, in violation of the Eighth Amendment. See Document

no. 1. As explained in detail in the Report and Recommendation

issued simultaneously herewith, I find that Chambers has

sufficiently alleged a denial of his Eighth Amendment rights to

allow this action to proceed against defendants Karen Anderson,

Robert McLeod, Richard Gerry and William Wrenn. See 28 28 U.S.C.

§ 1915A; United States District Court for the District of New

Hampshire Local Rule (“LR”) 4.3(d)(2) (requiring preliminary

review of pro se complaints to determine, among other things,

whether a claim upon which relief may be granted has been

stated). I order, therefore, the complaint (document n o . 1 ) be served on defendants Anderson, McLeod, Gerry and Wrenn.

The Clerk’s office is directed to serve the New Hampshire

Office of the Attorney General ( A G ) , as provided in the Agreement

On Acceptance Of Service, copies of this order, the Report and

Recommendation issued simultaneously herewith, and the complaint

(document n o . 1 ) . See LR 4.3(d)(2)(C). Within thirty days from

receipt of these materials, the AG will submit to the court an

Acceptance of Service notice specifying those defendants who have

authorized the AG’s office to receive service on their behalf.

When the Acceptance of Service is filed, service will be deemed

made on the last day of the thirty-day period.

As to those defendants who do not authorize the AG’s office

to receive service on their behalf or whom the AG declines to

represent, the AG shall, within thirty days from receipt of the

aforementioned materials, provide a separate list of the last

known addresses of such defendants. The Clerk’s office is

instructed to complete service on these individuals by sending to

them, by certified mail, return receipt requested, copies of

these same documents.

Anderson, McLeod, Gerry and Wrenn are instructed to answer

or otherwise plead within twenty days of acceptance of service.

2 See Fed. R. Civ. P. 12(a)(1)(A).

Plaintiff is instructed that all future pleadings, written

motions, notices, or similar papers shall be served directly on

the Anderson, McLeod, Gerry and Wrenn by delivering or mailing

the materials to them or their attorneys, pursuant to Fed. R.

Civ. P. 5 ( b ) .

SO ORDERED.

_________________ ^James R. Muirhead United States Magistrate Judge

Date: November 9, 2007

cc: Laura E.B. Lombardi, Esq. Randolph L . Chambers, pro se