1Perfetto filed his initial complaint in this matter

(document no. 1) on August 18, 2006. Perfetto then successfully

moved to consolidate this matter with another pending case in

this Court, Perfetto v. Cattell, Civ. No. 06-cv-372-PB. The

complaint in that case was then docketed in this case (document

no. 15) on November 16, 2006. On January 3, 2007, Perfetto filed

an addendum to the November 16 complaint (document no. 24). All

three of these documents, in the aggregate, will be considered to

be the complaint in this matter for all purposes. 

UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

Jonathan Andrew Perfetto

v. Civil No. 06-cv-307-SM

Bruce W. Cattell, Warden,

New Hampshire State Prison, et al.

O R D E R

Before the Court is Jonathan Andrew Perfetto’s complaint

(document nos. 1, 15 & 24)1, filed pursuant to 42 U.S.C. § 1983. 

Perfetto alleges that the defendant employees of the New

Hampshire Department of Corrections have violated a number of

Perfetto’s constitutional rights during his incarceration at the

New Hampshire State Prison. 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

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2In the Report and Recommendation issued simultaneously with

this Order I recommend that all of the official capacity claims,

the claims alleging denial of clothing, denial of food, denial of

appropriate housing, denial of lower security classification,

verbal harassment, denial of adequate mental health care, denial

of rehabilitative programming, denial of religious practice,

2

New Hampshire Local Rule (“LR”) 4.3(d)(2). For the reasons

explained fully in the Report and Recommendation issued

simultaneously with this Order, I direct that the claims alleging

deprivation of sanitary conditions proceed against defendants

Valente, Ash, Fidelli, and Charter, the claim alleging denial of

water proceed against a John Doe defendant, the claims alleging

failure to protect Perfetto’s safety proceed against defendants

Moyer, Bell, Washburn, Flynn, Moquin, Gauthier, and Parent, the

excessive force claims proceed against defendants Charter,

Wheeler, Fidelli, and Enmark, the denial of adequate medical care

claims proceed against defendants Charter, Moyer, Ismam, and

Flynn, and a John Doe defendant, the retaliation claim proceed

against defendants Bilodeau, McGrath, O’Brien, Michaud, Brown,

and Marsh, the denial of access to the courts claim proceed

against defendants O’Brien and Brown, and the right to petition

the government to redress grievances through the administrative

grievance procedure proceed against defendants Charter, Edsil,

and Isabelle.2

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denial of personal property, and named defendants Cattell, Wrenn,

Coplan, Cunningham, Curry, Leitner, Perron, Mosher, Provencer,

Mallette, Fellows, and Desmond be dismissed.

3

As I find that Perfetto has stated claims upon which relief

may be granted, I order the complaint (document nos. 1, 15 & 24)

be served on defendants Bilodeau, McGrath, O’Brien, Michaud,

Brown, Marsh, Charter, Wheeler, Fidelli, Enmark, Valente, Ash,

Washburn, Edsil, Ismam, Isabelle, Bell, Moyer, Flynn, Moquin,

Gauthier, and Parent. 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 issued simultaneously

with this Order, and the complaint (document nos. 1, 15 & 24). 

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

Case 1:06-cv-00307-JL Document 29 Filed 02/23/07 Page 3 of 4
4

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: February 23, 2007

cc: Jonathan Andrew Perfetto, pro se

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