UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

Bryan Bernard a/k/a!

Joseph Vaillancour t

V . 07-cv-327-SM

New Hampshire Department

of Corrections et al .

O R D E R

Pro se plaintiff Bryan Bernard brings this civil rights

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

have abridged his rights under the Eighth Amendment to the United

States Constitution (document nos . 1 and 3-4) . He further

alleges that defendants have abridged his rights under Title II

of the Americans With Disabilities Act ("ADA"), 42 U .S .C . ~

12132, et seq .

Named as defendants are William L . Wrenn, Commissioner of

the New Hampshire Department of Corrections ("NHDOC"), Kelly A .

Ayotte, New Hampshire Attorney General, and the following

employees of the New Hampshire State prison ("NHSP") : Bruce W .

Cattell, Former Warden ; Gregg Crompton, Deputy Warden ;

Case 1:07-cv-00327-SM Document 8 Filed 02/26/08 Page 1 of 4
corrections officers Tim Moquin, Christopher Shaw, Todd Ash and

Ross Cunningham . Also named is Officer O'Brien, an employee of

the New Hampshire State Police .

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 . 9 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

Bernard has alleged Eighth Amendment claims, premised upon the

use of excessive force, against Moquin, Shaw, Ash, Cattell 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 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 and

3-4) . See LR 4 .3(d)(2)(C) . Within thirty days from receipt of

these materials, the AG will submit to the court an Acceptance o f

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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 1:07-cv-00327-SM Document 8 Filed 02/26/08 Page 3 of 4
their attorneys, pursuant to Fed . R . Civ . P . 5(b) .

SO ORDERED .

Date : February Z . , 200 8

CC : Bryan Bernard, pro se

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