Roberts v. Blowers et al, No. 6:2021cv06187 - Document 11 (W.D.N.Y. 2021)

Court Description: DECISION AND ORDER that Plaintiff's official capacity claims are dismissed with prejudice, that Plaintiff's excessive force and failure to protect claims may proceed to service and the Clerk of Court is directed to cause the United States M arshals Service to serve copies of the Summons, Amended Complaint and this order upon Defendants Blowers, DiRenzo and Sylvester without Plaintiff's payment therfor, unpaid fees to be recoverable if this action terminates by monetary aware in Pla intiff's favor, and Clerk of Court is also directed to forward a copy of this Order by email to Ted O'Brien, Assistant Attorney General in Charge. Signed by Hon. Frank P. Geraci, Jr. on 6/28/2021. (Copy of this order mailed to Plaintiff, James G. Roberts, VI.) (LMD)