Patterson v. Patterson et al
| John P. Patterson |
| Joel M. Patterson, Shari L. Kampnich, William S. Palmer, Matthew R. Piotrowski, Joanne L. Springer and Graige Goodman |
| 1:2016cv00844 |
| October 21, 2016 |
| US District Court for the Western District of New York |
| Buffalo Office |
| Wyoming |
| Elizabeth A. Wolford |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
30
ORDER. Plaintiff is instructed to file a motion for substitution with respect to deceased defendant William S. Palmer within 90 days. Signed by Hon. Elizabeth A. Wolford on 03/20/2019. (CDH)(A copy of this Order was mailed to Plaintiff)
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Filing
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DECISION AND ORDER granting 2 Motion for Leave to Proceed in forma pauperis; denying without prejudice 3 Motion to Appoint Counsel; granting 7 Motion; and granting 10 Motion. Further, the Court directs the Clerk of Court to send Plaintiff a c opy of his complaint and the attached exhibits; dismisses Plaintiffs PREA and due process claims with prejudice; dismisses Plaintiffs false Misbehavior Report claim without prejudice; grants Plaintiff leave to file an amended complaint by May 14, 201 7 curing the defects regarding his false Misbehavior Report claim; directs the Clerk of Court to terminate Defendant Graige Goodman as a party to this action; directs the Clerk of Court to file Plaintiffs papers, and to cause the United States Marsha ls Service to serve copies of the summons, complaint, and this Order upon Defendants Patterson, Kampnich, Palmer, Piotrowski, and Springer without Plaintiffs payment therefor, unpaid fees to be recoverable if this action terminates by monetary award in Plaintiffs favor, if Plaintiff fails to file an amended complaint by May 14, 2017, without further order of the Court; directs the Clerk of Court to forward a copy of this Order by email to Michael Russo, Assistant Attorney General in Charge, Buff alo Regional Office, if Plaintiff fails to file an amended complaint, without further order of this Court; and directs Defendants, pursuant to 42 U.S.C. § 1997e(g)(2), to respond to the original complaint if Plaintiff fails to file an amended complaint within the time prescribed. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 4/14/17. (JPL) (A copy of this Decision and Order has been mailed to Plaintiff)-CLERK TO FOLLOW UP-
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