1Norton names the following individual defendants to this

action: Cross Border Initiative Task Force members: Michael

O’Shaughnessy, Robert Kew, Glen Coletti, Calice Couchman, Kevin

Frye, James Flaherty, Frank Waterman, Marcos Chavez, Brian

Proulx, Jason Steiner, and Terry Hanson; Massachusetts State

Police/Essex County Drug Task Force members: William Canty,

Stephen Gondella, Mark Rivet, and Sean Richards; and Nashua

Police Department Officer William Moore.

UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

Walter Norton

v. Civil No. 06-cv-490-PB

Cross Border Initiative, et al.1

O R D E R

Before the Court is plaintiff’s most recent motion to extend

the time for filing an amendment to his complaint (document no.

12). I previously directed Norton to amend his complaint to

identify which of the named defendants took what actions against

him (document no. 6). Norton has demonstrated a diligent effort

to obtain the information requested by filing a request for law

enforcement records and reports pursuant to the Freedom of

Information Act (“FOIA”), 5 U.S.C. § 552, et seq. When I last

granted Norton a filing extension, I noted that no further

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extensions would be granted. Norton has now filed an additional

motion to extend, citing extraordinary circumstances that warrant

this Court’s consideration. Norton attaches a letter from the

Department of Justice, dated September 27, 2007, expressing

“regret” for “the inordinate amount of time it has taken to

process [Norton’s FOIA] request” but indicating that Norton’s

request, initially sent on June 30, 2007, is not sufficient to

enable them to locate the records sought.

Rather than wait some indeterminate period for Norton’s FOIA

request to produce the documents needed to identify the specific

acts of individual law enforcement officers in this case, I find

that, because Norton has stated valid legal claims, it is

expedient at this juncture to allow service of the complaint

against each of the defendants named. Norton can obtain the

specific information he is seeking through the discovery process. 

Upon service of this action on the named defendants, Norton can

serve the named defendants with interrogatories to obtain the

information he needs to identify which defendant committed which

action against him, or failed to fulfill a duty to him, pursuant

to Fed. R. Civ. P. 33(a) which states in pertinent part:

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Without leave of court or written stipulation, 

any party may serve upon any other party 

written interrogatories, not exceeding 25 in 

number including all discrete subparts, to be 

answered by the party served or, if the party 

served is a public or private corporation or a 

partnership or association or governmental 

agency, by an officer or agent, who shall 

furnish such information as is available to 

the party. 

Upon receipt of the information he needs regarding the acts and

omissions of each individual defendant, Norton can move this

Court to amend his complaint to identify, with specificity, those

acts or omissions that give rise to each individual defendant’s

liability. Additionally, Norton can, at that time, voluntarily

dismiss any defendants he determines are not liable to him in

this action. 

As I previously stated in my initial Order to amend the

complaint, Norton has alleged the minimum facts necessary to

support a claim of excessive force against the officers who

assaulted him. Norton has also alleged sufficient facts to state

a claim against any responsible officer present at his arrest who

failed to intervene to protect Norton from the use of excessive

force. Accordingly, I find that Norton has stated claims upon

which relief may be granted. My review of the file indicates

that Norton has not completed a separate summons form for each

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defendant named. I direct the Clerk’s office to send Norton

sixteen summons forms, one for each named defendant, to complete

and return to this Court within thirty days. Once the summons

forms are received by the Clerk’s office, I direct that the

complaint be served upon defendants in accordance with this

Order.

As to the federal defendants, Michael O’Shaughnessy, Robert

Kew, Glen Coletti, Calice Couchman, Kevin Frye, James Flaherty,

Frank Waterman, Marcos Chavez, Brian Proulx, Jason Steiner, and

Terry Hanson, the Clerk’s office is directed to issue the

necessary summons forms and forward to (i) the United States

Attorney for the District of New Hampshire, (ii) the Attorney

General of the United States, and (iii) the Department of

Justice/Drug Enforcement Agency/Cross Border Initiative, by

certified mail, return receipt requested, the summonses and

copies of the Complaint (document no. 1), the order to amend

(document no. 6), and this Order. See Fed. R. Civ. P. 4(c)(2) &

4(i). The federal defendants are instructed to answer or

otherwise plead within sixty days of service. See Fed. R. Civ.

P. 12(a)(3). 

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As to the Massachusetts State Police defendants, William

Canty, Stephen Gondella, Mark Rivet, and Sean Richards, and the

Nashua, New Hampshire police officer defendant, William Moore,

the Clerk’s office shall issue the summonses against each

defendant and 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 no. 1), the order

to amend (document no. 6), and this Order. Upon receipt of the

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

service upon the Massachusetts and New Hampshire state

defendants. See Fed. R. Civ. P. 4(c)(2) & 4(e). The

Massachusetts and New Hampshire state defendants are instructed

to answer or otherwise plead within twenty days of service. See

Fed. R. Civ. P. 12(a)(1)(A). 

Norton is instructed that all future pleadings, written

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

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the defendants by delivering or mailing the materials to them or

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

SO ORDERED.

________________________________

James R. Muirhead

United States Magistrate Judge

Date: October 17, 2007

cc: Walter Norton, pro se

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