1I liberally construe the claim against the NHSP to be

brought against Gerry in his representative capacity as Warden of

the NHSP.

UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

Adam H. Nagle

v. Civil No. 08-cv-413-JL

New Hampshire State Prison, et al.

O R D E R

Pro se plaintiff Adam H. Nagle has filed a complaint,

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

violated his rights under the Eighth Amendment to the United

States Constitution and New Hampshire law (document no. 1). 

Seeking injunctive and monetary relief, he brings this action

against two employees of the New Hampshire State Prison (“NHSP”):

Warden Richard M. Gerry1; and corrections officer Parent (first

name unknown). The complaint is before me for preliminary review

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

which relief might be granted. See 28 U.S.C. § 1915A; United

Case 1:08-cv-00413-JL Document 6 Filed 12/18/08 Page 1 of 3
2

States 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 Nagle has stated the

following claims against Parent in his individual capacity: (1)

Eighth Amendment claim alleging use of excessive force; and (2)

related state law claim alleging intentional infliction of

emotional distress. I recommend dismissal of all remaining

claims.

As Nagle has filed the necessary summons form, I order the

complaint to be served on Parent. 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 no. 1). 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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If defendant does not authorize the AG’s office to receive

service on his behalf or if the AG declines to represent him, the

AG shall, within thirty days from receipt of the aforementioned

materials, provide the last known address of defendant. The

Clerk’s Office is instructed to complete service on this

individual by sending to him, by certified mail, return receipt

requested, copies of these same documents. 

Defendant is 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 defendant by delivering or mailing the materials to him or

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

SO ORDERED.

________________________________

James R. Muirhead

United States Magistrate Judge 

Date: December 18, 2008

cc: Adam H. Nagle, pro se

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