Gutierrez v. Reddien et al
| Oman Gutierrez |
| S. Reddien, Dale A. Artus, P. Kugler, S. Eckert and Mitchell |
| 1:2015cv00822 |
| September 15, 2015 |
| US District Court for the Western District of New York |
| Buffalo Office |
| Wyoming |
| Richard J. Arcara |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
4
-CLERK TO FOLLOW UP-ORDER: The motion of Plaintiff Gutierrez to proceed in forma pauperis 2 is granted; the claims against Defendants S. Reddien, Dale A. Artus, P. Kugler, S. Eckert and Sgt. Mitchell, in their official capacities, are all dismissed with prejudice; Plaintiff is granted leave to file an Amended Complaint against Defendants Artus and Eckert only as directed in the enclosed Order by September 16, 2016; the Clerk of Court is directed to send to Plaintiff with this Order a blank &# 167; 1983 complaint form, and the instructions for preparing an amended complaint; in the event Plaintiff fails to file an Amended Complaint as directed by September 16, 2016, the claims regarding Defendants Artus and Eckert are dismissed with prejud ice without further order of the Court, and those Defendants are to be terminated from this action; in the event Plaintiff does not file an Amended Complaint as directed above, the Clerk of the Court is directed to file Plaintiff's papers, and t o cause the United States Marshal to serve copies of the Summons, Complaint (Docket No. 1), and this Order upon Defendants Reddien, Kugler and Mitchell without Plaintiff's payment therefor, unpaid fees to be recoverable if this action terminates by monetary award in Plaintiff's favor. Pursuant to 42 U.S.C. § 1997e(g)(2), the served Defendants are directed to answer the Complaint. Issued by Hon. Richard J. Arcara on 8/11/16. (LAS)
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