1Johnson has named the following defendants to this action:

Northern New Hampshire Correctional Facility (“NCF”) Media

Generalist Angela Poulin, NCF Hearings Officer Paul Fortier, NCF

Unit Manager Robert Thyng, NCF Maintenance Supervisor Joseph

Bachofer, NCF Major Dennis Cox, NCF Warden Larry Blaisdell, and

New Hampshire Department of Corrections (“DOC”) Commissioner

William Wrenn. In addition, I find that, while they are not

listed in the caption of his action, Johnson also intended to

name the following people as defendants to this action: DOC

employee Christopher Kench, NCF Sargeant Wilson (first name

unknown (“FNU”)) and NCF Corporal FNU Mailhot.

2Johnson has filed a complaint (document no. 1) and several

amendments to the complaint (document nos. 5, 8, 10 & 12-15). 

UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

Gary DeWayne Johnson

v. Civil No. 07-cv-161-PB

Angela Poulin, et al.1

O R D E R

Before the Court is Gary DeWayne Johnson’s civil rights

complaint, filed pursuant to 42 U.S.C. § 1983 and the Americans

With Disabilities Act, 42 U.S.C. 12132, et seq. (“ADA”). Johnson

alleges that the defendants violated a number of his

constitutional and statutory rights and retaliated against him

for having exercised his constitutional rights.2 The matter is

Case 1:07-cv-00161-PB Document 20 Filed 09/12/07 Page 1 of 4
These documents, in the aggregate, will be construed to comprise

the complaint in this matter for all purposes. Johnson is

advised, however, that future amendments to his complaint should

comply with Local Rule 15.1, which states, in relevant part:

(a) A party who moves to amend a filing shall (i) 

attach the proposed amended filing to the motion 

to amend, (ii) identify in the motion or a 

supporting memorandum any new factual allegations, 

legal claims, or parties, and (iii) explain why 

any new allegations, claims, or parties were not 

included in the original filing.

(b) Any amendment to a pleading, whether filed as 

a matter of course or upon a motion to amend, 

shall reproduce the entire filing as amended and 

may not incorporate any prior filing by reference, 

except by leave of court.

2

before me for preliminary review to determine, among other

things, whether or not plaintiff has stated any claim upon which

relief might be granted. See United States District Court for

the District of New Hampshire Local Rule (“LR”) 4.3(d)(2)(A). 

For the reasons explained fully in the Report and Recommendation

issued simultaneously with this Order, I direct that: (1) the

claim alleging a denial of the right of access to the courts for

disallowing Johnson’s research of “inappropriate” phrases be

served against defendants Thyng, Blaisdell, Wrenn, Kench, Wilson,

Poulin, and Mailhot, (2) the claim alleging a due process

violation for banning Johnson from the NCF law library be served

against Thyng, (3) the claim alleging a denial of access to the

Case 1:07-cv-00161-PB Document 20 Filed 09/12/07 Page 2 of 4
3

courts based on the denial of access to legal research materials

or a legal assistant proficient in the law be served against

defendants Thyng, Cox, and Blaisdell, (4) the endangerment claim

be served against defendant Bachofer, (5) the failure to protect

claim be served against defendant Thyng, (6) the denial of

adequate mental health care and ADA claims be served against 

Thyng, (7) the denial of hygiene items claim be served against

defendants Thyng and Blaisdell, and (8) the state law defamation

claim be served on defendant Bachofer. 

I order the complaint (document nos. 1, 5, 8, 10 & 12-15) be

served on defendants Thyng, Blaisdell, Wrenn, Kench, Wilson,

Poulin, Cox, Bachofer, and Mailhot. 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 this date and the complaint (document nos. 1, 5, 8, 10 &

12-15). 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: September 12, 2007

cc: Gary DeWayne Johnson, pro se

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