Steele v. Fischer et al, No. 1:2012cv00461 - Document 8 (W.D.N.Y. 2013)

Court Description: ORDER granting 2 Motion for Leave to Proceed in forma pauperis; denying without prejudice 6 Motion to Appoint Counsel.Further, plaintiff's claims against Brian Fischer and the Treatment Team at Mid-Erie et al are dismissed with prejudice a nd the Clerk of Court shall terminate said defendants as parties to this action. Further plaintiff is granted leave to file an amended complaint re: specific claims within 30 days from date of this Order. Further, the Clerk of Court is directed to send plaintiff with this order a copy of the original complaint, the exhibits to the statement of facts, the amended statement of facts, a blank section 1983 complaint form and the instructions for preparing an amended complaint. Further if plaintif f fails to file an amended complaint as directed the claims against Mauro and Duszynski will be dismissed with prejudice without further order of the Court and the Court shall terminate defendants Mauro and Duszynski. Further, in the event plaintiff fails to file an amended complaint as directed, the Clerk of Court is directed to cause the U.S. Marshal to serve said papers upon defendants Gary Ralph and Mid-Erie Counseling and Treatment Services, without plaintiff's payment therefor, unpaid fees to be recoverable if this action terminates by monetary award in plaintiff's favor. Signed by Hon. John T. Curtin on 9/11/13. (DZ)