Maldonado v. Fischer et al, No. 1:2011cv01091 - Document 5 (W.D.N.Y. 2012)

Court Description: ORDER GRANTING Plaintiff's 2 Motion to Proceed in forma pauperis; FURTHER, DENYING Plaintiff's 3 Motion for Preliminary Injunctive relief and 4 Motion for Appointment of Counsel; FURTHER, Plaintiff's Ex Post Facto Clause claims a gainst the defendants are dismissed with prejudice; FURTHER, Plaintiff's Eight Amendment claims against defendants are dismissed with prejudice; FURTHER, Plaintiff's Due Process claims against defendants which seek to challenge the substanc e of the conditions of parole imposed upon plaintiff may go forward; and FURTHER, the Clerk of the Court is directed to file Plaintiff's papers and cause the U.S. Marshal to serve copies of the Summons, Complaint and this Order upon the defendan ts without Plaintiff's payment therefore, unpaid fees to be recoverable if this action terminates by monetary award in Plaintiff's favor and FURTHER, defendants are directed to answer the Complaint. Signed by Hon. John T. Curtin on 9/21/2012. (CMD)