UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

Kevin J. Bean

v. Civil No. 06-cv-161-PB

State of New Hampshire, et al.

O R D E R

Pro se plaintiff Kevin J. Bean has filed a complaint,

pursuant to 42 U.S.C. § 1983, alleging that defendants have

violated his rights under the Fourth, Fifth and Fourteenth

Amendments to the United States Constitution and New Hampshire

law (document no. 1). Seeking injunctive, declaratory and

monetary relief, he brings this action against the following

defendants: Sanbornton Township; Sanbornton Police Department

(“SPD”) and three SPD employees, Chief Mark R. Barton, Detective

Jeffrey S. Buskey and Officer John Doe I; the New Hampshire State

Police Department (“NHSPD”) and two NHSPD employees, Troopers

John Doe II and John Doe III; and the New Hampshire Department of

Probation and Parole (“NHDPP”) and two NHDPP employees, Chief

Robert Patrick and Field Services Officer Brad Drown. The

complaint is before me for preliminary review to determine

whether, among other things, it states a claim upon which relief

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may be granted. See 28 U.S.C. § 1915A; U.S. District Court for

the District of New Hampshire Local Rule (“LR”) 4.3(d)(2).

For the reasons stated in the report and recommendation

issued simultaneously herewith, I find that Bean has alleged:

(1) Fourth Amendment claims arising from an unreasonable search

and seizure against the SPD, NHSPD, NHDPP, Barton, John Doe I-III

and Drown (Counts I and III); (2) Fourth and Fourteenth Amendment

claims arising from the retention, mishandling and/or destruction

of seized property against the SPD, NHSPD, NHDPP, Barton, Buskey,

John Doe I-III and Drown (Counts II, IV, VII and IX); and (3)

Fourteenth Amendment claims arising from inadequate notice of

seizure and inadequate pre-deprivation and post-deprivation

remedies against the SPD, NHDPP, Sanbornton Township, Barton,

Buskey and Drown (Counts V, VI and VIII). I further recommend

that this Court exercise jurisdiction over his related

supplemental state law claims. I recommend dismissal of all

remaining claims.

As I find that plaintiff has stated claims upon which relief

may be granted, I order the complaint served.

As to the state defendants (NHSPD, NHDPP, John Doe II-III

and Drown) the Clerk’s office is directed to serve the New

Hampshire Office of the Attorney General (AG), as provided in the

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Agreement On Acceptance Of Service, copies of the complaint

(document no. 1), the report and recommendation and this order. 

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. 

The defendants are instructed to answer or otherwise plead

within twenty days of acceptance of service. 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 defendants by delivering or mailing the materials to them or

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their attorneys, pursuant to Fed. R. Civ. P. 5(b). 

As to the municipal defendants (SPD, Sanbornton Township,

Barton, Buskey and John Doe I), the Clerk’s Office is instructed

to prepare the summonses for each defendant and deliver to the

United States Marshal for the District of New Hampshire (“U.S.

Marshal’s Office”) the summonses and copies of the complaint

(document no. 1), the report and recommendation and this order. 

Upon receipt of the necessary documentation, the U.S. Marshal’s

Office shall effect service upon defendants. See Fed. R. Civ. P.

4(c)(2).

Defendants shall answer or otherwise plead within twenty

days of acceptance of service. 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 defendants 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: June 29, 2006

cc: Kevin J. Bean, pro se

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