Reed v. Harpster et al

Filing 13

MEMORANDUM AND ORDER: IT IS ORDERED THAT: 1. All claims against inmate Michael Lacava are dismissed as frivolous pursuant to 28 U.S.C. Section 1915(e)(2)(B)(i). 2. The Clerk's Office shall send Plaintiff two copies of this Court's civil r ights complaint form. 3. Within thirty (30) days from the date of service of this order, Plaintiff must either: A. File an amended complaint curing the deficiencies identified by the Court in this order, or: B. Notify the Court in writing that he does not wish to file an amended complaint and is willing to proceed solely on his Eighth Amendment failure to protect claim against Unit Manager Harpster. 4. If Plaintiff fails to comply with this Order, the Court will dismiss the action against all DOC defendants except for Unit Manager Harpster and direct service on this defendant alone. Signed by Honorable A. Richard Caputo on 1/7/10. (jam, )