Rice v. Sargeant Andrus et al, No. 1:2010cv00001 - Document 7 (W.D.N.Y. 2010)

Court Description: ORDER granting 2 Motion for Leave to Proceed in forma pauperis; denying without prejudice 4 Motion to Appoint Counsel. The Clerk of Court is directed to amend the caption to include Dr. Bush, Officer Webster, and Officer Buchan as defendants. F urther, plaintiff's claim against Sergeant Andrus is dismissed with prejudice and the Clerk of Court is directed to terminate defendant Andrus. Further, plaintiff is granted leave to file an amended complaint re: only his claims against Buchan and Webster, and his claims against Dr. Bush by 10/21/10. The Clerk of Court is directed to send plaintiff with a copy of this order a copy of the original complaint, a blank section 1983 form and the instructions for preparing an amended complaint. In the event plaintiff fails to file an amended complaint as directed, the claims against Buchan and Webster and Dr. Bush will be dismissed with prejudice without further order of the Court and the Clerk of Court shall terminate said parties. Furt her, if plaintiff fails to file an amended complaint by 10/21/10, the Clerk of Court is directed to cause the U.S. Marshal to serve copies of the summons, complaint and this Order upon defendant Robinson and if identified the John Doe Correctional Of ficers, without plaintiff's payment therefor, unpaid fees to be recoverable if this action terminates by monetary award in plaintiff's favor. The Clerk of Court is directed to forward a copy of the Order to the Assistant Attorney General i n Charge (Buffalo) and the Attorney General's Office is requested to attempt to ascertain the identity of the John Doe Officers and an address at which they can be served. The defendants are directed to answer the complaint. Signed by Hon. Richard J. Arcara on 9/22/10. (DZ)