1Plaintiff has not provided a first name for Dr. Eppolito. 

The other defendants named in the complaint are Nurse Gail

McKenna, Nurse Practitioner Judy Baker, the medical departments

of the New Hampshire State Prison (“NHSP”) and the Northern New

Hampshire Correctional Facility (“NCF”), NCF Warden Larry

Blaisdell, NCF Chaplain Hoyt, and New Hampshire Department of

Corrections (“NHDOC”) Commissioner William Wrenn. I construe the

claim against the NCF medical department to be against NCF

medical director Robert McLeod, who I find Chambers intended to

name as a defendant. I further find that Chambers intended to

name Unit Manager Thyng, Unit Counselor Judy Smiley, Major Cox,

NHSP Warden Bruce Cattell, and NHDOC Deputy Commissioner Greg

Crompton as defendants, as they are alleged in the body of the

complaint to have caused the harm alleged by Chambers.

2Chambers filed his initial complaint in this matter

(document no. 1) on December 1, 2006. Chambers then filed an

amended complaint on March 7, 2007 (document no. 10). I find

that these documents, considered together, will comprise the

complaint in this matter for all purposes. Any future amendment

to the complaint will need to proceed by proper motion to amend

filed pursuant to United States District Court for the District

of New Hampshire Local Rule 15.1.

UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

Randolph L. Chambers

v. Civil No. 06-cv-449-PB

Dr. Eppolito, et al.1

O R D E R

Before the Court is Randolph Chambers’ complaint (document

nos. 1 & 10),2 filed pursuant to 42 U.S.C. § 1983. Chambers, an

Case 1:06-cv-00449-JL Document 20 Filed 05/30/07 Page 1 of 4
3In my Report and Recommendation, I recommend dismissal of

the remaining claims and defendants from this action.

2

inmate at the New Hampshire State Prison, alleges that the

defendants, employees of the New Hampshire Department of

Corrections, have violated a number of his rights during his

incarceration. 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 (“LR”) 4.3(d)(2). For the reasons fully explained in

my Report and Recommendation, issued simultaneously with this

Order, I direct that the claim alleging an Eighth Amendment

violation for denial of pain medication proceed against

defendants Blaisdell, McLeod, Baker, Wrenn, and Eppolito; the ADA

and Rehabilitation Act claim for the denial of accommodations in

the form of passes proceed against defendants McKenna, Eppolito,

and Baker; the § 1983 inadequate vision care claims proceed

against defendants Thyng, Smiley, Cattell, and Wrenn; and the §

1983 kosher diet, free exercise, and due process claims proceed

against defendant Hoyt.3

I order the complaint (document nos. 1 & 10) be served on

defendants Blaisdell, McLeod, Baker, Wrenn, Eppolito, McKenna,

Case 1:06-cv-00449-JL Document 20 Filed 05/30/07 Page 2 of 4
3

Thyng, Smiley, Cattell, Wrenn, and Hoyt. The Clerk’s office is

directed to serve the New Hampshire Office of the Attorney

General (“AG’s office”), as provided in the Agreement On

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

Recommendation, and the complaint (document nos. 1 & 10). See LR

4.3(d)(2)(C). Within thirty days from receipt of these

materials, the AG’s office 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’s office

declines to represent, the AG’s office 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. 

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4

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

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

SO ORDERED.

________________________________

James R. Muirhead

United States Magistrate Judge

Date: May 30, 2007

cc: Randolph L. Chambers, pro se

 

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