1The body of Knowles’ complaint does not list any individual

defendants, but refers to the New Hampshire State Prison (“NHSP”)

medical department and the New Hampshire Department of

Corrections (“DOC”) Commissioner or Agent Superior. Knowles has

submitted summons forms for William Wrenn and Stephen Curry, the

current and former DOC Commissioner, DOC Medical Director Robert

McLeod, Nurse Practitioner Neculai, and Nurse Practitioner Judy

Baker. 

UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

William J. Knowles

v. Civil No. 05-cv-363-PB

William Wrenn, Commissioner,

New Hampshire Department of

Corrections, et al.1

O R D E R

William Knowles has filed a complaint pro se pursuant to 42

U.S.C. § 1983 alleging that the defendants, employees of the New

Hampshire Department of Corrections (“DOC”), have violated his

Eighth Amendment right to adequate medical care during his

incarceration. The matter is before me for preliminary review to

determine, among other things, whether Knowles has stated any

claim upon which relief might be granted. As discussed fully in

the Report and Recommendation issued simultaneously with this

Order, I find that Knowles has stated a claim upon which relief

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might be granted against defendants Curry, Wrenn, and McLeod, and

I direct that the complaint be served upon them. 

As I find that plaintiff has stated a claim upon which

relief may be granted, I order the complaint (document no. 1) be

served on Defendants. The Clerk’s office is directed to serve

the New Hampshire Office of the Attorney General (AG), as

provided in the Agreement On Acceptance Of Service, copies of

this order, the Report and Recommendation and the complaint

(document no. 1). See United States District Court for the

District of New Hampshire Local Rule 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

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

these same documents. 

Defendants are instructed to answer or otherwise plead

within thirty 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: April 12, 2006

cc: William J. Knowles, pro se

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