1Miner has named the following defendants to this action:

GCDC Superintendent Glenn Libby (“Libby”), GCDC Corporal Diane

Arsenault (“Arsenault”), GCDC Officer Jason Reed (“Reed”), GCDC

Officer Michael Dunn (“Dunn”), GCDC Captain Roland Lafond

(“Lafond”), and the Grafton County Commissioners, who are not

individually identified.

UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

Stephen Miner

v. Civil No. 06-cv-242-JD

Glenn Libby, Superintendent,

Grafton County Department of

Corrections, et al.

O R D E R

Proceeding pro se, Stephen Miner (“Miner” or “plaintiff”)

has filed this action pursuant to 42 U.S.C. § 1983 and Title II

of the Americans With Disabilities Act (“ADA”), 42 U.S.C. §

12132, et seq., against employees of the Grafton County

Department of Corrections (“GCDC”) and the Grafton County

Commissioners.1 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;

United States District Court for the District of New Hampshire

Local Rule (“LR”) 4.3(d)(2). For the reasons explained fully in

the Report and Recommendation issued simultaneously with this

Order, I direct that the ADA, Equal Protection, conditions of 

Case 1:06-cv-00242-JD Document 12 Filed 11/08/06 Page 1 of 3
2In the Report and Recommendation issued this date, I

recommend that Miner’s claim alleging retaliatory punishment as

well as defendants Arsenault and the Grafton County Commissioners

be dismissed from this action.

3I am aware that Miner previously attempted to serve this

complaint on the defendants and has previously completed summons

forms. Because Miner’s previous attempt at service was deemed

insufficient by this Court on September 20, 2006, Miner must

resubmit a summons form for each of the defendants he seeks to

serve.

2

confinement, deficient disciplinary hearing due process, and

unreasonable strip search claims proceed and that defendants

Libby, Lafond, Reed, and Dunn be served with this action.2

My review of the file indicates that Miner has not completed

the necessary summons forms for defendants Libby, Lafond, Reed,

and Dunn.3 Plaintiff must prepare a separate summons form for

each defendant to be served and submit them to the Clerk’s Office

within thirty (30) days of the date of this Order. Upon receipt

of the completed summonses, the Clerk’s office shall issue the

summonses against defendants and forward to the United States

Marshal for the District of New Hampshire (the “U.S. Marshal’s

office”) the summonses and copies of the complaint (document no.

1), the Report and Recommendation issued this date, and this

Order. Upon receipt of the necessary documentation, the U.S.

Case 1:06-cv-00242-JD Document 12 Filed 11/08/06 Page 2 of 3
3

Marshal’s office shall effect service upon Defendants. See Fed.

R. Civ. P. 4(c)(2). 

Defendants are instructed to answer or otherwise plead

within twenty days 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 attorney(s), pursuant to Fed. R. Civ. P. 5(b). 

SO ORDERED.

________________________________

James R. Muirhead

United States Magistrate Judge

Date: November 8, 2006

cc: Stephen Miner, pro se

Case 1:06-cv-00242-JD Document 12 Filed 11/08/06 Page 3 of 3