Spears v. Utz 13 et al, No. 1:2012cv01100 - Document 3 (W.D.N.Y. 2013)

Court Description: ORDER GRANTING Plaintiff's 2 Motion for Leave to Proceed in forma pauperis; DISMISSING with prejudice Plaintiff's due process claims against defendants C.O. D.S. Utz, C.O. Klucynski and John Doe #009 and DIRECTING the Clerk of the Cour t to terminate those defendants; FURTHER, Plaintiff is granted leave to file an amended complaint regarding only his claim of retaliation against Sgt. Lates as directed by 6/24/2013; FURTHER, the Clerk of Court is directed to send plaintiff this orde r, a copy of the original complaint and a blank § 1983 complaint form with instructions for preparing an amended complaint; FURTHER, if Plaintiff fails to file an amended complaint by 6/24/2013, this case shall be dismissed with prejudice without further order of the Court, as specified. Signed by Hon. John T. Curtin on 5/15/2013. (CMD)