UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

Bryan Bernard

v. Civil No. 07-cv-341-JL

New Hampshire Department

of Corrections, et al.

O R D E R

Pro se plaintiff Bryan Bernard brings this action, pursuant

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

rights under the First and Fourteenth Amendments to the United

States Constitution (document nos. 1, 3-4 and 6). Named as

defendants are William L. Wrenn, Commissioner of the New

Hampshire Department of Corrections and the following employees

of the New Hampshire State Prison: James P. Daly, Chaplain;

Christopher Kench, Administrator; and corrections officers Danny

Shaw, Clay LeGault, Kingsbury, Duffin, Strople, Knieriemen and

Mosher.

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

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(“LR”) 4.3(d)(2). For the reasons stated in the report and

recommendation issued simultaneously herewith, I find that

Bernard has alleged the following claims: (1) First Amendment

claims based on the denial of free exercise of religion against 

LeGault, Kingsbury, Strople, Mosher, Wrenn, Kench and Shaw; and

(2) First Amendment retaliation claims against Strople, Knieriem

and Shaw. 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, 3-4

and 6). 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

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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: April 1, 2008

cc: Bryan Bernard, pro se

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