Loadholt v. DOC, OMH et al, No. 1:2009cv00553 - Document 6 (W.D.N.Y. 2009)

Court Description: ORDER denying 3 Motion to Appoint Counsel ; terminating 5 Motion for Leave to Proceed in forma pauperis; granting 2 Motion for Leave to Proceed in forma pauperis; dismissing 1983 claims against defendants DOCS and OMH with prejudice; dimissing the ADA claims against Jane Doe and John Doe with prejudice; granting leave to file an amended complaint by 12/21/09; Clerk of Court shall send plaintiff a blank 1983 complaint form and a copy of this order; failure to file the amended complaint by 1 2/21/09 will result in dismissal of the 1983 claims against Jane Doe and John Doe with prejudice without further order and the Clerk of Court shall cause the U.S. Marshal to serve cpies of the Summons, Complaint and this Order regarding the ADA claims upon defendants DOCS and OMH. Signed by Hon. Michael A. Telesca on 11/20/09. (SG)