Barber v. NH State Prison, Warden et al

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
John Barber
v. Civil No. 14-cv-98-JL
Richard Gerry, Warden, New
Hampshire State Prison, et al.
O R D E R
Plaintiff John Barber, who is currently incarcerated at the
New Hampshire State Prison, brings this civil action under 42
U.S.C. § 1983 against the warden and a former corrections officer
at the prison. Barber alleges that the officer permitted another
inmate to assault him, and that, following the assault, the
warden ordered that Barber be placed in an isolation unit at the
prison, where he was kept for six consecutive days without access
to clean clothing and hygiene products, and with no opportunity
to leave his cell. Having conducted a preliminary review of
Barber’s complaint pursuant to 28 U.S.C. § 1915A(a) and Local
Rule 4.3(d)(2), the court concludes that Barber has stated
cognizable claims for failure to protect and cruel and unusual
punishment, both in violation of the Eighth Amendment. (This
conclusion is, of course, without prejudice to the defendants
moving to dismiss the claims against them.)
Accordingly, 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, electronic copies of this
Case 1:14-cv-00098-JL Document 9 Filed 04/21/14 Page 1 of 3

Order 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 an Acceptance of Service notice to the court specifying
whether the defendants have authorized the AG to receive service
on their behalf. When the AG files the Acceptance of Service,
service will be deemed made on the last day of the thirty-day
period.
If either defendant does not authorize the AG to receive
service on his behalf, or the AG declines to represent either
defendant, the AG shall, within thirty days from receipt of the
aforementioned materials, provide to the court the last known
address of the defendant. In that event, the Clerk’s office is
instructed to complete and issue a summons for the defendant,
using the last known address provided, and forward the summons,
along with the above-listed documents, to the U.S. Marshal to
complete service on the defendant in accordance with this Order
and Fed. R. Civ. P. 4(c)(3).
The defendants shall answer or otherwise plead within
twenty-one days of service. See Fed. R. Civ. P. 12(a)(1)(A).
The 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 the
defendants or their attorney(s), pursuant to Fed. R. Civ. P.
5(b).
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Case 1:14-cv-00098-JL Document 9 Filed 04/21/14 Page 2 of 3

SO ORDERED.
Joseph N. Laplante
United States District Judge
Dated: April 21 , 2014
cc: John Barber, pro se
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