1Named as defendants are the following NHSP employees: Bruce

Cattell, Warden; Larry Blaisdell, Acting Warden; Greg Crompton,

Deputy Warden; Robert McLeod, Medical Director; Donna Timulty,

Medical Supervisor; nurses Tammy, Brad, Fran, Michelle and Brett

Mooney; Robert McGrath, Counselor; Lucy Bilodeau Unit Manager;

corrections officers Ross Cunningham, Morin, Hickman, Marshall,

O’Brien, Burrows, Hogan, S. Howland, Carroll and P. Cascio; Jan

Moor-Simons, Supervisory Law Librarian; and Becky Harding, Law

Librarian.

UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

Michael DeAngelis

v. Civil No. 06-cv-376-PB

New Hampshire State Prison, et al.

O R D E R

Pro se plaintiff Michael DeAngelis has filed an amended

complaint, pursuant to 42 U.S.C. § 1983, alleging violations

under the First, Eighth and Fourteenth Amendments to the United

States Constitution (document nos. 1, 8-9, 20-21 and 24). Named

as defendants are William Wrenn, Commissioner of the New

Hampshire Department of Corrections (“NHDOC”), the New Hampshire

State Prison (“NHSP”) and several NHSP employees.1

The complaint is before me for preliminary review to

determine whether, among other things, it states a claim upon

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which relief may be granted. See 28 U.S.C. § 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

DeAngelis has stated the following claims: (1) an Eighth

Amendment failure to protect claim against the NHSP, O’Brien, 

Burrows, Carroll, Hogan, Wrenn, Cattell, Crompton, Cunningham, 

Howland and the unnamed corrections officers; (2) an Eighth

Amendment denial of adequate medical care claim against MacLeod,

Michelle, Tammy, Fran, Brad, Timulty, Mooney, O’Brien, Burrows,

Carroll and Hogan; and (3) a First and Fourteenth Amendment

retaliation claim against Bilodeau, McGrath and Cascio. I have

recommended dismissal of all remaining claims. 

As I find that plaintiff has stated a claim upon which

relief may be granted, I order the complaint be served on the

properly named 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, 8-9, 20-21 and 24). See LR 4.3(d)(2)(C). 

Within thirty days from receipt of these materials, the AG will

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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 thirtyday 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

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their attorneys, pursuant to Fed. R. Civ. P. 5(b). 

SO ORDERED.

________________________________

James R. Muirhead

United States Magistrate Judge

Date: April 30, 2007

cc: Michael DeAngelis, pro se

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