Horace v. Gibbs et al, No. 1:2014cv00655 - Document 20 (W.D.N.Y. 2015)

Court Description: ORDER granting 8 Motion for Leave to Proceed in forma pauperis; denying 9 Motion to Appoint Counsel ; denying 15 Motion to Compel; denying 18 Motion to Compel. Further, the Clerk of Court is directed to amend the caption of this action t o include the "City of Rochester" as a defendant; Further, plaintiff's claims against defendants "New York Division of Parole," "Monalto, Parole Polygrapher," and "City of Rochester" are dismissed with pr ejudice and the Clerk of Court shall terminate said defendants; 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 Kevin Gibbs and Daw n Anderson 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 in Charge, (Buffalo); Further, defendants are directed to respond to the complaint. Signed by Hon. Richard J. Arcara on 3/5/15. (DZ)