UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

Kristyn Graham

v. Civil No. 07-cv-295-PB

Warden, New Hampshire State

Prison for Women, et al.

O R D E R

Pro se plaintiff Kristyn Graham has filed a complaint and

amendment thereto, pursuant to 42 U.S.C. § 1983, alleging that

defendants have abridged her rights under the Fourth, Eighth and

Fourteenth Amendments to the United States Constitution (document

nos. 1 and 5). Named as defendants are the following employees

of the New Hampshire State Prison for Women (“NHSP/W”): Joanne

Fortier, Acting Warden; Dan Belligeron, Head Nurse and

Supervisor, Medical Department; Jean Chapman, Nurse; and Kathy

Fontaine, employee. Also filed is a motion for appointment of

counsel (document no. 6).

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 Graham

has alleged the following claims: (1) Eighth Amendment claims

premised on the denial of adequate medical care against

Belligeron, Fontaine and Chapman; and (2) an Eighth Amendment

claim premised on inhumane conditions of confinement against

Fortier. I recommend dismissal of all remaining claims. I

further recommend that the motion for appointment of counsel be

denied. 

As I find that plaintiff has stated a claim upon which

relief may be granted, I order the amended 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

5). 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. 

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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: December 13, 2007

cc: Kristyn Graham, pro se

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