Perkins v. Schriro et al

Filing 5

MEMORANDUM AND ORDER: Plaintiff's 2 request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 is granted. All claims against Commissioner Dora B. Schriro are dismissed. No summons shall issue as to this defendant and the Clerk of Court is requested to amend the caption to reflect the dismissal of this defendant. Plaintiff's request for an Order to Show Cause for a Preliminary Injunction and Temporary Restraining Order is denied as plaintiff did not al lege specific facts demonstrating a likelihood of success on the merits, nor has he made a showing of immediate or irreparable harm. Plaintiff's claims shall proceed against Warden Carlton Newton, Mr. Brown and Correction Officers Clarke, Boy d and Weise. The United States Marshal Service is directed to serve the summonses, complaint, and this Order upon the remaining defendants without prepayment of fees. A courtesy copy of the same papers shall be mailed to the Corporation Counsel f or the City of New York. The case is referred to Magistrate Judge Lois Bloom for pretrial supervision. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. SO ORDERED by Judge Kiyo A. Matsumoto, on 5/14/2014. C/mailed. (Party: Commissioner Dora B. Schriro terminated.) (Latka-Mucha, Wieslawa)