Sioleski v. Fischer et al

Filing 10

ORDER that the claims against C.O. Hall and C.O. Bennett are dismissed with prejudice. Further Clerk of Court is directed to terminate Defendants C.O. Hall, C.O. Bennett and Lt. Magnetron as parties to this action. Further, the Clerk of Court is dir ected to cause the U.S. Marshal to serve copies of the summons, second amended complaint, and this Order upon C.O. McGrain without Plaintiff's payment therefor, unpaid fees to be recoverable if this action terminates by monetary award in plainti ff's favor. Further, the N.Y. State Attorney General's Office is hereby requested to ascertain the identity of Lieutenant (?) and provide an address at which to serve him by 2/5/12. Once this information is provided, Plaintiff's seco nd amended complaint shall be deemed amended to reflect the full name of the Defendant, a summons shall be issued and this Court shall direct service on Defendant. The Clerk of Court is directed to forward a copy of the second amended complaint and this Decision and Order to the Assistant Attorney General (Buffalo). Further, defendant McGrain is directed to respond to the second amended complaint. Signed by Hon. William M. Skretny on 1/4/12. (DZ)