Tulloch v. Erie County Holding Center et al, No. 1:2010cv00207 - Document 5 (W.D.N.Y. 2010)

Court Description: ORDER denying 3 Motion to Appoint Counsel ; denying 4 Motion to Appoint Counsel ; granting 2 Motion for Leave to Proceed in forma pauperis; dismissing the claims against Timothy Howard, Christopher Collins and the Erie County Holding Center wit h prejudice; Clerk to Amend Caption to include as defendants "Sgt. Webster" and "Sgt. Evans"; amended complaint to be filed by 7/22/10; failure to file the amended complaint will result in dismissal with prejudice of all claims se t forth in the complaint except the assault claim against Webster and Evans; in the event plaintiff fails to file the amended complaint, the Clerk of Court is directed to cause the U.S. Marshal to serve copies of the Summons, Complaint and this Order upon Webster and Evans; defendants are directed to answer the complaint. Signed by Hon. Charles J. Siragusa on 6/22/10. (SG)