UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

Dennis A. Smith

v. Civil No. 07-cv-119-SM

Commissioner, New Hampshire Department

of Corrections, et al.

O R D E R

Pro se plaintiff Dennis A. Smith has filed a complaint,

pursuant to 42 U.S.C. § 1983, alleging that he has been denied

adequate medical care in violation of his rights under the Eighth

Amendment to the United States Constitution (document nos. 1, 8

and 23). He has also filed a motion to strike (document no. 22)

his second amended complaint (document nos. 13) and a motion for

leave to file an amended complaint (document no. 23), both of

which motions are hereby granted.

Seeking declaratory, injunctive and monetary relief, Smith

brings this action against William L. Wrenn, Commissioner of the

New Hampshire Department of Corrections (“NHDOC”), John C.

Vinson, Staff Attorney for the NHDOC and the following employees

of the New Hampshire State Prison (“NHSP”): Bruce W. Cattell,

Warden; Gregory Crompton, former NHSP Administrator of

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Classification; and Denise M. Heath, Deputy Compact

Administrator.

The complaint is before me for preliminary review to

determine whether, among other things, it states a claim upon

which relief 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 Smith

has alleged Eighth Amendment claims premised on the denial of

adequate medical care against Wrenn, Cattell, Crompton and Heath. 

I have recommended dismissal of all remaining claims. 

As I find that plaintiff has stated a claim upon which

relief may be granted, I order the complaint be served on the

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 nos. 1, 8

and 23). 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

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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. 

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: August 21, 2007

cc: Dennis A. Smith, pro se

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