1In addition to Wrenn, Horstkotte names the following

defendants to this action: New Hampshire State Prison (“NHSP”)

Warden Richard Gerry, New Hampshire Department of Corrections

(“NHDOC”) Deputy Commissioner Christopher Kench, NHSP Corrections

Officer (“C.O.”) Brian Bernard, NHSP C.O. Luca Susca, and NHSP

Secure Housing Unit Manager Normand Marquis, as well as a John

Doe defendant who is described as the third shift officer in

charge of the Secure Housing Unit.

UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

Todd M. Horstkotte

v. Civil No. 08-cv-285-JL

William Wrenn, Commissioner,

New Hampshire Department of

Corrections, et al.1

O R D E R

Before the Court is Todd Horstkotte’s complaint (document

no. 1), filed pursuant to 42 U.S.C. § 1983. Horstkotte brings

this action against William Wrenn, Commissioner of the New

Hampshire Department of Corrections (“NHDOC”) and other NHDOC and

New Hampshire State Prison (“NHSP”) employees, alleging that the

defendants violated his federal constitutional rights during his

incarceration at the NHSP. The complaint is before me for

preliminary review to determine whether, among other things, it

Case 1:08-cv-00285-JL Document 9 Filed 01/16/09 Page 1 of 3
2

states any claim upon which relief might be granted. See 28

U.S.C. § 1915A; United States District Court District of New

Hampshire Local Rule (“LR”) 4.3(d)(2). As fully explained in the

Report and Recommendation issued simultaneously with this Order,

I direct that the retaliation claim alleged this action be served

on defendants Bernard, Wrenn, Kench, Gerry, and Marquis, and on

the John Doe defendant, at such time as Horstkotte amends his

complaint to identify him by name to this Court, in their

individual capacities. 

I order the complaint (document no. 1) be served on

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 no. 1). 

See LR 4.3(d)(2)©. 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. 

Case 1:08-cv-00285-JL Document 9 Filed 01/16/09 Page 2 of 3
3

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

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

SO ORDERED.

________________________________

James R. Muirhead

United States Magistrate Judge

Date: January 16, 2009

cc: Todd M. Horstkotte, pro se

Case 1:08-cv-00285-JL Document 9 Filed 01/16/09 Page 3 of 3