Abreu v. Fischer et al, No. 6:2009cv06240 - Document 7 (W.D.N.Y. 2009)

Court Description: DECISION AND ORDER granting 2 MOTION for Leave to Proceed in forma pauperis. If, however, plaintiff states that he did not intend to file a new separate action, this action will be closed administratively, and any money withdrawn from plaintiff 9;s prison account will be returned to him. Motion for Injunctive Relief is denied without prejudice. Plaintiff is directed to respond to this Order by 7/7/09 and clarify his intention with respect to his request for injunctive relief. If plaintiff intends to proceed with this case as a separate action, he must file an amended complaint as direct in the order by 7/7/09. If plaintiff fails to respond as directed in this Order by 7/7/09, his request for injunctive relief will be construed as a Motion in the consolidated case, 08cv6521, and the Clerk is directed to close this case without further action and to file the Complaint herein as a Motion in 08cv6521. Signed by Hon. William M. Skretny on 6/6/09. (RE)