Gambino v. Payne et al

Filing 6

ORDER granting 2 Motion for Leave to Proceed in forma pauperis; denying without prejudice 3 Motion to Appoint Counsel. Further, the First Claim is dismissed with prejudice. Further, plaintiff is granted leave to file an amended complaint with respect to the Complaint's Second, Third, Fourth and Fifth Claims by 5/15/13. The Clerk of Court is directed to send plaintiff with this order a copy of the original complaint, a blank section 1983 complaint form and the instructions for prepa ring an amended complaint. Further, if plaintiff fails to file an amended complaint by 5/15/13, the Clerk of Court is directed to close this case as dismissed with prejudice and leave to appeal to the Court of Appeals as a poor person denied. Signed by Hon. Michael A. Telesca on 3/28/13. (DZ)

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