Nelson v. Lisson et al, No. 6:2019cv06221 - Document 9 (W.D.N.Y. 2019)

Court Description: ORDER granting 2 Motion for Leave to Proceed in forma pauperis; denying 3 Motion for TRO; denying 4 Motion for TRO. Plaintiff is granted leave to file an amended complaint as directed in this Order by no later than 45 days after entry of thi s Order. If Plaintiff does not file an amended complaint as directed above, the Clerk of Court is directed to cause the United States Marshal to serve copies of the Summons, Complaint, and this Order upon Defendants DeMarais, Bobo, John Doe, Evans an d Bizub, without Plaintiffs payment therefor, unpaid fees to be recoverable if this action terminates by monetary award in Plaintiffs favor. Signed by Hon. Michael A. Telesca on 06/03/2019. (AFB)-CLERK TO FOLLOW UP-Pursuant to Fed. R. Civ. P. 21 and 28 U.S.C. § 1404(a), all of the claims related to the Sullivan Correctional Facility against Defendants Laura Miller and Roseanne OConnor are severed and transferred to the Southern District of New York. If Plaintiff do es not file an amended complaint within 45 days of date of entry of this Order, the Clerk of Court is directed to cause the United States Marshal to serve copies of the Summons, Complaint, and this Order upon Defendants DeMarais, Bobo, John Doe, Evan s and Bizub, without Plaintiffs payment therefor. The Clerk of Court is directed utilize the mailing address for non-inmate mail provided by the New York State Department of Corrections and Community Supervision's website, http://www.doccs.ny.go v/faclist.html., as needed. The Clerk of Court is directed to forward a copy of this Order by email to Ted OBrien, Assistant Attorney General in Charge, Rochester Regional Office <Ted.OBrien@ag.ny.gov>. The Clerk of Court is directed to mail a copy of this Order to Plaintiff.