Phillips v. Goord et al, No. 1:2008cv00957 - Document 7 (W.D.N.Y. 2009)

Court Description: ORDER granting 3 Motion for Leave to Proceed in forma pauperis; denying 4 Motion to Appoint Counsel; dismissing with prejudice the First, Second, Third, Seventh, Tenth, Sixteenth and Eighteenth Claims of the Complaint and terminating defendants L eslie Greathouse, J. Newell, Richard Rich and Eric Kriss as parties; granting leave for plaintiff to file an amended complaint regarding the Eighth and Seventeenth Claims by 5/20/09; failure to file the amended complaint as directed will result in di smissal with prejudice of the Eighth and Seventeenth claims and defendants Ann Doe, Nurse and Curtis Drown will be terminated as parties; if plaintiff fails to file the amended complaint as directed by 5/20/09, the Clerk of Court is directed to cause the U.S. Marshal to serve copies of the Summons, Complaint and this Order regarding the Fourth, Fifth, Sixth, Ninth, Eleventh, Twelfth, Thriteenth, Fourteenth and Fifteenth Claims upon defendants Glenn Goord, former DOCS Commissioner; Richard Roy, D OCS, Inspector General; Christopher Moss, Sheriff, Chemung County; J.S. Hover, Deputy Sheriff, Chautauqua County Jail; Joseph Gerace, Sheriff, Chautauqua County; M. Kirkpatrick, Lieutenant, Elmira Correctional Facility; R. Marinaccio, Sergeant, Elmir a Correctional Facility; K. Lebel, Correctional Officer, Elmira Correctional Facility; T. Doyle, Correctional Officer, Elmira Correctional Officer; and F. Henderson, Correctional Officer, Elmira Correctional Facility; the defendants are directed to answer the complaint. Signed by Hon. Michael A. Telesca on 3/31/09. (SG)