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Christopher Palermo v. Glenn Libby

September 12, 2012

CHRISTOPHER PALERMO
v.
GLENN LIBBY, SUPERINTENDENT, GRAFTON COUNTY HOUSE OF CORRECTIONS ET AL.



The opinion of the court was delivered by: Landya McCafferty United States Magistrate Judge

ORDER

Christopher Palermo filed this action, pursuant to 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. § 2000cc-1(a) ("RLUIPA"), while he was incarcerated at the Grafton County House of Corrections ("GCHC"). The matter is before this magistrate judge for a preliminary review, pursuant to United States District Court District of New Hampshire Local Rule ("LR") 4.3(d)(2) and 28 U.S.C. § 1915A(a).

For the reasons fully explained in a report and recommendation issued this date ("R&R"), the court directs that GCHC Capt. Roland Lafond be served with the following claims for damages, asserted against him in both his official and individual capacities: the claims asserting violations of Palermo's rights under the First Amendment Free Exercise Clause and RLUIPA relating to the failure to provide him with a religious diet, religious reading materials, and ritual items; the claims asserting discrimination under the Fourteenth Amendment Equal Protection Clause, relating to the failure to provide him with religious reading materials and ritual items; and the claims for damages, asserting violations of Palermo's Fourth and Fourteenth Amendment rights relating to strip searches.*fn1

Palermo has filed a summons form for Lafond. The clerk's office is directed to issue the summons, and forward to the U.S. Marshal's office: the summons; the complaint (doc. no. 1); the R&R; and this Order. Upon receipt of the documentation, the U.S. Marshal's office shall serve Lafond. See Fed. R. Civ. P. 4(c)(3) and 4(e). Defendant is instructed to answer or otherwise plead within twenty-one days of service. See Fed. R. Civ. P. 12(a)(1)(A).

Palermo is instructed that all future pleadings, written motions, notices, or similar papers shall be served directly on defendant by delivering or mailing the materials to him or his attorney(s), pursuant to Fed. R. Civ. P. 5(b).

SO ORDERED.

...


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