UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

Adam H. Nagle

v. Civil No. 08-cv-432-SM

Jorgenson, et al.

O R D E R

Pro se plaintiff Adam H. Nagle has filed a complaint,

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

violated his rights under the First and Eighth Amendments to the

United States Constitution and New Hampshire law (document no.

1). Seeking injunctive and monetary relief, he brings this

action against six employees of the New Hampshire State Prison

(“NHSP”): Warden Richard M. Gerry; corrections officer Jorgenson

(first name unknown); and four unnamed corrections officers. In

addition, I liberally construe the complaint to name as a

defendant William L. Wrenn, Commissioner of the New Hampshire

Department of Corrections (“NHDOC”). The complaint is before me

for preliminary review to determine whether, among other things,

it states a claim upon which relief might be granted. See 28

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U.S.C. § 1915A; United States 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 Nagle has stated the

following claims against Gerry, Jorgenson and the four unnamed

corrections officers in their individual capacities: (1) Eighth

Amendment claims alleging use of excessive force; (2) First

Amendment retaliation claims alleging denial of the right to

petition the government for redress of grievances; (3) and

related state law claims alleging intentional infliction of

emotional distress. I recommend dismissal of all remaining

claims.

My review of the file indicates that Nagle has completed a

single summons form for Jorgenson. Nagle must submit a separate

summons form for each defendant he seeks to name in this action. 

The Clerk’s office is directed to forward the appropriate forms

to Nagle, who must return the completed forms within thirty days

of the date of this order. 

Upon receipt of the completed summons forms, and immediately

for the completed summons form already in the court’s file, the

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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 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

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.

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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: December 18, 2008

cc: Adam H. Nagle, pro se

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