1Boulanger names the following defendants to this action:

Harley G. Lappin, Director, Federal Bureau of Prisons, Robert

Gilbert, Director, United States Marshal Service for the District

of New Hampshire, J. Reaster, Director, Strafford County

Department of Corrections (“SCDC”), SCDC Superintendent Warren

Dowaliby, SCDC Capt. D. Rollins, SCDC Classification Specialist

Linda Lee, SCDC Lt. Donna Roy, SCDC Lt. J. Sullivan, SCDC Sgt. J.

McPherson, SCDC Cpl. J. Pelkie.

UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

Gerard Boulanger

v. Civil No. 06-cv-308-JD

Harley G. Lappin, Director,

Federal Bureau of Prisons, et al.

O R D E R

Proceeding pro se, Gerard Boulanger has filed this action

pursuant to both Bivens v. Six Unknown Fed. Narcotics Agents, 403

U.S. 338 (1971), against employees of the Federal Bureau of

Prisons (“BOP”), and 42 U.S.C. § 1983, against employees of the

Strafford County Department of Corrections (“SCDC”).1 The

complaint is before me for preliminary review to determine

whether, among other things, it states any claim upon which

relief might be granted. See 28 U.S.C. § 1915A; United States

District Court for the District of New Hampshire Local Rule

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(“LR”) 4.3(d)(2). For the reasons stated in a Report and

Recommendation issued simultaneously with this Order, I direct

that the following claims: punitive segregated housing without a

hearing, excessive restraints, lack of exercise, and sleep

deprivation due to lights and searches in Boulanger’s cell,

proceed against defendants Gilbert, Dowaliby, Rollins, Lee, Roy,

Sullivan, McPherson, and Pelkie in their individual capacities. 

In my Report and Recommendation, I recommend that the remaining

claims and defendants be dismissed from this action.

As I find that plaintiff has stated a claims upon which

relief may be granted, and without further comment on the merits

of those claims, I order that the complaint be served on

Defendants. My review of the file indicates that the plaintiff

has submitted the necessary summons forms for the defendants

named in his complaint. I direct the Clerk’s office to issue the

summonses against the defendants.

For the SCDC defendants, I direct the Clerk’s office to

forward to the United States Marshal for the District of New

Hampshire (the “U.S. Marshal’s office”) the summonses and copies

of the complaint (document no. 1), the Report and Recommendation

issued this date, and this Order. Upon receipt of the necessary

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documentation, the U.S. Marshal’s office shall effect service

upon the SCDC defendants. See Fed. R. Civ. P. 4(c)(2). 

I further order that the complaint be served upon defendant

Gilbert. As to defendant Gilbert, the Clerk’s office is directed

to issue the necessary summons form and forward to (i) the United

States Attorney for the District of New Hampshire, (ii) the

Attorney General of the United States, and (iii) United States

Marshal’s Service for the District of New Hampshire, by certified

mail, return receipt requested, the summons and copies of the

Complaint (document no. 1), the Report and Recommendation issued

this date, and this Order. See Fed. R. Civ. P. 4(c)(2) and 4(i). 

The SCDC defendants are instructed to answer or otherwise

plead within twenty days of service. See Fed. R. Civ. P.

12(a)(1)(A). Defendant Gilbert is instructed to answer or

otherwise plead within sixty days of service. See Fed. R. Civ.

P. 12(a)(3). 

Plaintiff is instructed that all future pleadings, written

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

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the Defendants by delivering or mailing the materials to them or

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

SO ORDERED.

________________________________

James R. Muirhead

United States Magistrate Judge

Date: November 15, 2006

cc: Gerard Boulanger, pro se

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