Byfield v. Chapman et al

Filing 4

ORDER granting 2 Motion for Leave to Proceed in forma pauperis; denying 3 Motion to Appoint Counsel; The Clerk of the Court is directed to file plaintiff's papers,and to cause the United States Marshal to serve copies of the Summons, Complaint, and this Order upon the named defendants. (Sent plaintiff summonses and marshal forms to fill out and return for service). Signed by Hon. Michael A. Telesca on 3/22/2012. (TO)

-PS-O-

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
DONOVAN BYFIELD, 01A6586,
Plaintiff,
-v-

12-CV-6131Fe
ORDER

CHAPMAN, SHOPE, DORDA, COX
DONALDSON, VAUGHN, CLARK,
SICKLER, JOHN DOE (1),
JOHN DOE (2) and JOHN DOE (3),
Defendants.

Plaintiff, who is incarcerated in the Greatmeadow Correctional
Facility, has requested permission to proceed in forma pauperis
pursuant to 28 U.S.C. § 1915(a) and has both met the statutory
requirements and furnished the Court with a signed Authorization.
Plaintiff has also requested appointment of counsel.

Plaintiff's

request to proceed as a poor person is hereby granted.

In

addition, plaintiff's complaint has been screened by the Court with
respect to the 28 U.S.C. §§ 1915(e) and 1915A criteria.
There is insufficient information before the Court at this
time to make the necessary assessment of plaintiff’s claims under
the standards promulgated by Hendricks v. Coughlin, 114 F.3d 390,
392 (2d Cir. 1997), and Hodge v. Police Officers, 802 F.2d 58 (2d
Cir. 1986), as issue has yet to be joined.

Therefore plaintiff's

motion for appointment of counsel is denied without prejudice at
this time.

The Clerk of the Court is directed to file plaintiff's papers,
and to cause the United States Marshal to serve copies of the
Summons, Complaint, and this Order upon the named defendants
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 defendants are
directed to answer the complaint.
SO ORDERED.
S/ Michael A. Telesca
_____________________________________
MICHAEL A. TELESCA
United States District Judge
Dated:

March 22, 2012
Rochester, New York

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