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John J. Sweeney, Jr. v. New Hampshire State Prison et al.*Fn1

December 20, 2012

JOHN J. SWEENEY, JR.
v.
NEW HAMPSHIRE STATE PRISON ET AL.*FN1



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

ORDER

In this action, John J. Sweeney, Jr., an inmate at the New Hampshire State Prison, has filed a complaint (doc. no. 1) and complaint addenda (doc. nos. 7, 9, and 11),*fn2 alleging violations of his federal constitutional and statutory rights at the NHSP.

In the addenda filed November 20, 2012 (doc. no. 9), and December 11, 2012 (doc. no. 11), plaintiff requests preliminary injunctive relief. Those requests have been referred to this court for a report and recommendation.*fn3 See Order (doc. no. 14).

The court has determined that Sweeney's complaint states actionable claims alleging, among other things, that NHSP Corrections Officer Sullivan has used excessive force and retaliatory violence against Sweeney, and the court has directed service of those claims. See Order (doc. no. 13). Sweeney seeks a preliminary injunction protecting him from Sullivan, who, he alleges, poses a continuing threat of retaliatory violence to Sweeney.

The court at this time invites defendant Sullivan to file a response to the request for preliminary injunctive relief concerning the claims of excessive force and retaliatory violence, and, in any event, orders Sullivan to file a response to the request for preliminary injunctive relief within 7 days of the date the office of the New Hampshire Attorney General accepts service on his behalf, or, if that office declines to accept service, the date Sullivan is served. Upon receipt of Sullivan's response, the court will determine whether to schedule a hearing on the motion for a preliminary injunction.

SO ORDERED.

...


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