1The amended complaint (document no. 19) supercedes all

previous complaints (document nos. 1, 6-7 and 13-15) filed by

Carey. 

2The following NHSP employees are named as defendants:

Gregory Crompton, former Deputy Warden of the NHSP; Kimberly

Lacasse, Classification Supervisor; Richard Manseau,

UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

William J. Carey

v. Civil No. 06-cv-479-PB

Wrenn, et al.

O R D E R

Pro se plaintiff William J. Carey has filed a complaint,

pursuant to 42 U.S.C. § 1983, alleging that defendants have

abridged his rights under the First, Eighth and Fourteenth

Amendments to the United States Constitution (document nos. 4, 16

and 17-19).1 Seeking declaratory, injunctive and monetary

relief, he brings this action against William L. Wrenn,

Commissioner of the New Hampshire Department of Corrections

(“NHDOC”), David Sullivan, New Hampshire Superior Court Judge and

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

the Northern New Hampshire Correctional Facility (“NCF”).2

Case 1:06-cv-00479-PB Document 21 Filed 05/15/07 Page 1 of 4
Classification Department; Robert Thyng, Unit Manager; and Henry

Lemieux, Dentist. The following NCF employees are named as

defendants: Lawrence Blaisdell, Acting Warden; and Michelle

Watson, Case Manager. 

2

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 conclude that

Carey has alleged the following claims: (1) an Eighth Amendment

denial of adequate medical care claim against Lacasse, Manseau

and Watson; and (2) a First and Fourteenth Amendment retaliation

claim against Watson, Blaisdell, Crompton and Wrenn. I recommend

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.

(document nos. 4, 16 and 17-19). See LR 4.3(d)(2)(C). Within

Case 1:06-cv-00479-PB Document 21 Filed 05/15/07 Page 2 of 4
3

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

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

Case 1:06-cv-00479-PB Document 21 Filed 05/15/07 Page 3 of 4
4

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

SO ORDERED.

________________________________

James R. Muirhead

United States Magistrate Judge

Date: May 15, 2007

cc: William J. Carey, pro se

Case 1:06-cv-00479-PB Document 21 Filed 05/15/07 Page 4 of 4