1Currier filed a Complaint (document no. 1) on September 5,

2006 and a Motion to Amend Complaint (document no. 15) containing

additional defendants and claims on October 17, 2006. I will

accept the amended complaint and consider the information

contained in both documents, in the aggregate, as the complaint

in this matter.

2Currier names the following individual defendants to this

action: HCHC Superintendent James O’Mara, HCHC Officers Clement,

Nelson, Torres, Sapienza, Sierra, Cooper, Archambault, Riley,

Brown, Gardini, and Cunningham.

UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

James B. Currier

v. Civil No. 06-cv-328-PB

Hillsborough County Department

of Corrections, et al.

O R D E R

Proceeding pro se, James Currier has filed this action1

pursuant to 42 U.S.C. § 1983, against the Hillsborough County

Department of Corrections (“HCDC”) and employees of the

Hillsborough County House of Corrections (“HCHC”).2 The

complaint is before me for preliminary review to determine

whether, among other things, it states any claim upon which

Case 1:06-cv-00328-PB Document 20 Filed 11/28/06 Page 1 of 4
3The defendants have already filed an answer, in response to

being served a copy of the initial complaint with a motion for

temporary restraining order filed by Currier. The answer is

premature and I will not consider it in conducting this

preliminary review.

4In the Report and Recommendation issued this date, I

recommend that the claims alleging a denial of adequate mental

health care and destruction of personal property, as well as

defendant HCDC, be dismissed from this action. 

2

relief might be granted.3 See 28 U.S.C. § 1915A; United States

District Court for the District of New Hampshire Local Rule

4.3(d)(2). For the reasons stated in a Report and Recommendation

issued simultaneously with this Order, and without further

comment on the merits of the claims, I direct that the claims

alleging excessive force and psychological harm proceed against

all of the named individual defendants to this action, the claims

alleging inadequate medical care and denial of access to the

courts proceed against defendant O’Mara, the claims alleging

retaliatory disciplinary action and a deprivation of the right to

petition the government for a redress of grievances proceed

against defendant Cooper and the endangerment claim proceed

against defendant Gardini.4 

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3

My review of the file indicates that the plaintiff has

submitted a summons form for the HCDC, but has not completed the

necessary summons forms for any of the individually named

defendants to this action. The Clerk’s Office is directed to

forward twelve (12) blank summons forms to Currier. Currier is

ordered to complete, and return to the Clerk’s Office, a separate

summons form for each of the individual defendants named to this

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

receipt of those summons forms, I direct the Clerk’s office to

issue the summonses against the defendants.

I further direct the Clerk’s office to 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 nos. 1 & 15), the Report and Recommendation issued this

date, and this Order. Upon receipt of the necessary

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

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

The defendants are instructed to answer or otherwise plead

within twenty (20) days of service. See Fed. R. Civ. P.

12(a)(1)(A). 

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4

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.

 /s/ James R. Muirhead 

James R. Muirhead

United States Magistrate Judge

Date: November 28, 2006

cc: James B. Currier, pro se

Case 1:06-cv-00328-PB Document 20 Filed 11/28/06 Page 4 of 4