1The plaintiff names the following defendants to this

action: The Town of Danbury, Danbury Police Chief Dale Cook,

Danbury Police Officer Andrew Ware, Danbury Selectman Twila Cook,

Danbury Selectman Steven Gordon, Danbury Workshop, Inc. (“DWI”),

DWI Board member James Larkin, DWI Board Chairperson Audrey

Pellegrino, DWI Board Treasurer Sara Blay, DWI Director Terri

Towle, and Thomas Blay. 

UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

Philip Giroux

v. Civil No. 06-cv-250-PB

Town of Danbury, New Hampshire, et al.1

O R D E R

Philip Giroux has filed a complaint (document no. 1)

pursuant to 42 U.S.C. §§ 1983 & 1985(3) alleging that the

defendants have conspired to violate his constitutional and

statutory rights. Because Giroux is proceeding both pro se and

in forma pauperis, the matter is before the Court for preliminary

review to determine whether the complaint states any claim upon

which relief might be granted. See 28 U.S.C. § 1915(e)(2);

United States District Court for the District of New Hampshire

Local Rule (“LR”) 4.3(d)(1)(B).

 

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As explained fully in a Report and Recommendation issued

simultaneously with this Order, and without commenting on the

merits of the complaint, I find that Giroux has alleged three

federal claims upon which relief might be granted: (1) that

Giroux was deprived of his First Amendment right to free speech;

(2) that Giroux was deprived of his First Amendment right to

petition the government for a redress of grievances, and (3) that

Giroux was subjected to an illegal seizure of his person when he

was arrested on September 2, 2003. Additionally, I find that

Giroux has alleged three state law claims that arise out of the

same facts as these federal claims: false arrest, intentional

infliction of emotional distress, and negligent infliction of

emotional distress. I will exercise this Court’s supplemental

jurisdiction over those claims, see 28 U.S.C. § 1367 and allow

them to go forward with the federal claims. I direct that all of

these claims be served against defendants Dale Cook and Andrew

Ware. In the Report and Recommendation issued simultaneously

with this Order, I recommend the dismissal of the remaining

claims and defendants from this action. 

My review of the file indicates that Giroux has filed

summons forms for both Dale Cook and Andrew Ware. The Clerk’s

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office is directed to issue the summonses against these

defendants and 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 simultaneously with this Order,

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 are instructed to answer or otherwise plead

within twenty days 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 attorney(s), pursuant to Fed. R. Civ. P. 5(b). 

SO ORDERED.

________________________________

James R. Muirhead

United States Magistrate Judge

Date: October 31, 2006

cc: Philip Giroux, pro se

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