1Contino filed his original complaint on January 14, 2009. 

He then filed addenda to the complaint on January 21, 2009

(document no. 3) and February 13, 2009 (document no. 5). I will

accept all three documents, in the aggregate, as the complaint in

this matter for all purposes.

UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

Rico A. Contino

v. Civil No. 09-cv-009-PB

Unknown Nashua Police Officer #1, et al.

O R D E R

Before the Court is Rico Contino’s complaint (document nos.

1, 3 & 5)1, filed pursuant to 42 U.S.C. § 1983, alleging that his

rights have been violated by numerous police officers, state

court personnel, attorneys, and jail officials. The matter comes

before me for preliminary review to determine, among other

things, whether or not Contino states any claim upon which relief

might be granted. See United States District Court District of

New Hampshire Local Rule (“LR”) 4.3(d). 

Section 1983 Claims

For the reasons explained in a Report and Recommendation

issued simultaneously with this Order, I direct service of the

Case 1:09-cv-00009-PB Document 12 Filed 02/25/09 Page 1 of 3
2In my Report and Recommendation, issued this date, I

recommend dismissal of all of the other claims and defendants

from this action. 

2

inadequate mental health and medical care claims against the HCHC

physician, Dr. Charles Ward.2 My review of the file indicates

that Contino has not yet prepared a summons form for Ward. I

direct the Clerk’s Office to complete a summons form for Dr.

Charles Ward, at 43 North Fruit Street, Concord, New Hampshire. 

The Clerk’s office shall then issue the summons against defendant

and forward to the United States Marshal for the District of New

Hampshire (the “U.S. Marshal’s office”) the summons and copies of

the complaint (document no. 1, 3 & 5), the Report and

Recommendation, and this Order. Upon receipt of the necessary

documentation, the U.S. Marshal’s office shall effect service

upon Defendant. See Fed. R. Civ. P. 4(c)(2). 

Defendant is instructed to answer or otherwise plead within

twenty days of service. See Fed. R. Civ. P. 12(a)(1)(A). 

Contino is instructed that all future pleadings, written

motions, notices, or similar papers shall be served directly on 

the Defendant by delivering or mailing the materials to them or

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

Case 1:09-cv-00009-PB Document 12 Filed 02/25/09 Page 2 of 3
3

Habeas Claims

In his § 1983 complaint, Contino includes a request for a

petition for a writ of habeas corpus. As explained in the Report

and Recommendation, the Clerk’s office is directed to open a new

§ 2254 habeas case and to docket Contino’s complaint (document

nos. 1, 3 & 5) as the petition in the new case, to be entitled

Rico A. Contino v. James O’Mara, Superintendent, Hillsborough

County House of Corrections. The Clerk’s office may also rely on

Contino’s motion to proceed in forma pauperis (document no. 4),

and my previous grant of that motion in waiving the filing fee in

the new case. Once the case is opened, the matter should be

forwarded to me for preliminary review. See 28 U.S.C. § 1915(a);

LR 4.3(d)(2); Rule 4 of the Rules Governing Section 2254 Cases in

the United States District Courts. 

SO ORDERED.

____________________________________

James R. Muirhead

United States Magistrate Judge

Date: February 25, 2009

1cc: Rico A. Contino, pro se

Case 1:09-cv-00009-PB Document 12 Filed 02/25/09 Page 3 of 3