Brown v. Oakes et al, No. 1:2009cv00996 - Document 7 (W.D.N.Y. 2010)

Court Description: ORDER granting granting 5 Motion for Leave to Proceed in forma pauperis; denying without prejudice, 6 Motion to Appoint Counsel. Further, plaintiff is granted leave to file an amended complaint as directed by 5/10/10. The Clerk of Court is dire cted to send plaintiff with this order a copy of the original complaint, a blank section 1983 complaint form and the instructions for preparing an amended complaint. Further, if plaintiff fails to file an amended complaint as directed by 5/10/10, th e claims regarding the disciplinary charge are dismissed without prejudice without further order of the Court and the Clerk of Court shall terminate defendants Lupinski, Abbis, Hulihan and Fischer as parties to this action. Further, in the event pla intiff has failed to file an amended complaint by 5/10/10, the Clerk of Court is directed to cause the U.S. Marshal to serve copies of the summons, complaint, and this order upon defendants Oakes, Canfield, Wright and Felker, without plaintiff's payment therefor, unpaid fees to be recoverable if this action terminates by monetary award in plaintiff's favor. Further, defendants are directed to answer the complaint. Signed by Hon. Richard J. Arcara on 4/12/10. (DZ)