Joseph v. Fischer et al, No. 6:2009cv06428 - Document 8 (W.D.N.Y. 2009)

Court Description: DECISION AND ORDER granting 2 Motion for Leave to Proceed in forma pauperis; denying 3 Motion to Appoint Counsel and denying 4 Motion for TRO. Plaintiff is granted leave to file an amended complaint by 12/9/09 as directed in the order. The Cle rk of the Court is directed to send the plaintiff a copy of the original and supplemental complaints,a blank § 1983 Complaint form and the instructions for preparing an Amended Complaint, together with this Order. In the event the plaintiff fail s to file an Amended Complaint as directed by 12/9/09,the § 1983 Claims against any of the Defendants Fischer, Boll, Gonzalez, LeClarie, Alston, Bellamy, Strubel, Janes and Roach for whom Plaintiff has not alleged personal involvement will be di smissed without further order of the Court. The Clerk is then directed to cause the US Marshal to serve copies of the Summons, Complaint, Supplemental Complaint and this Order on the named Defendants without Plaintiff's payment therefor, unpaid fees to be recoverable it the action terminates by monetary award in Plaintiff's favor. Pursuant to 42 U.S.C. §1997e (g)(2), the Defendants are directed to answer the Complaint. Signed by Hon. Charles J. Siragusa on 11/05/09. (RE)