UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

Albert R. Kuperman

v. Civil No. 08-cv-513-SM

Commissioner, New Hampshire

Department of Corrections, et al.

O R D E R

Pro se plaintiff Albert R. Kuperman brings this action,

pursuant to 42 U.S.C. § 1983 and the Religious Land Use and

Institutionalized Persons Act, 42 U.S.C. § 2000cc et seq.

(“RLUIPA”), alleging violations of his rights under the First and

Fourteenth Amendments to the United State Constitution and

federal statutory law (document nos. 1 and 7-11). He seeks

injunctive, declaratory and monetary relief against the following

defendants in their individual and official capacities: William

Wrenn, Commissioner of the New Hampshire Department of

Corrections (“NHDOC”); Richard M. Gerry, Warden of the New

Hampshire State Prison (“NHSP”); Jim Daly, NHSP Chaplin; and NHSP

corrections officers Britton and Samson. 

The complaint is before me for preliminary review to

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

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

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

Kuperman has alleged the following claims: (1) First Amendment

claims alleging denial of free exercise of religion against Wrenn

and Gerry; (2) First Amendment retaliation claims against Britton

and Samson; (3) Fourteenth Amendment equal protection claims

against Gerry; and (4) RLUIPA claims against Wrenn and Gerry. I

recommend dismissal of all remaining claims. I further recommend

that Kuperman’s motion for subpoena be denied without prejudice

to refiling at a later date should circumstances warrant renewal

(document no. 5).

As I find that plaintiff has stated claims upon which relief

may be granted, I order the complaint to be served on Wrenn,

Gerry, Britton and Samson. 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 and the complaint (document nos. 1 and 7-11). 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

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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. 

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

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

SO ORDERED.

______________________________

James R. Muirhead

United States Magistrate Judge

Date: April 7, 2009

cc: Albert R. Kuperman, pro se

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