Rogers v. Artus et al, No. 1:2013cv00021 - Document 4 (W.D.N.Y. 2013)

Court Description: ORDER granting 2 Motion for Leave to Proceed in forma pauperis; denying without prejudice 3 Motion to Appoint Counsel. Further, that the claim against Superintendent D. Artus is dismissed with prejudice and the Clerk of Court is directed to te rminate D. Artus as a party to this action. Further, the Clerk of Court is directed to file plaintiff's papers and to cause the U.S. Marshal to serve copies of the summons, complaint and this Order upon J. Kruger, A. Blanar, J. Myers, T. McCann , G. Barlow, Bobo, Michienzi and McKinay without plaintiff's payment therefor, unpaid fees to be recoverable if this action terminates by monetary award in plaintiff's favor. Further, the Clerk of Court is directed to forward a copy of this Order by email to Michael Russo, Assistant Attorney General (Buffalo); Further, defendants are directed to respond to the complaint. Signed by Hon. John T. Curtin on 9/11/13. (DZ)