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16-240 - SNYDER v. ARAMARK, LLC


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16-240 - SNYDER v. ARAMARK, LLC
July 1, 2016
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Entry Granting In Forma Pauperis, Dismissing Insufficient Claims, and Directing Service of Process - The plaintiff's motion to proceed in forma pauperis 2 is granted. The plaintiff is assessed an initial partial filing fee of Fourteen Dollars and Sixty-Three Cents ($14.63). He shall have through August 5, 2016, in which to pay this sum to the clerk of the district court. Failure to pay the initial partial filing fee as directed in this Entry could result in the dismissal of the action for failure to comply with Court orders and failure to prosecute. The plaintiff Robert Lee Snyder ("Mr. Snyder"), is a state prisoner confined at the Putnamville Correctional Facility ("Putnamville"). Mr. Snyder brings this civil rights complaint pursuant to 42 U.S.C. ยง 1983. Mr. Snyder alleges that Aramark provides inmates at Putnamville with food that is low quality, contains inadequate nutritional value, and insufficient portions, causing him sharp stomach pains, acid reflux, weight loss, anxiety and depression. Mr. Snyder also alleges that the kitchen and dining halls are not adequately sanitized. Mr. Snyder's claims are construed as alleging policy and custom claims pursuant to the Eighth Amendment to the United States Constitution. There is no need to have Aramark LLC and Aramark Food Services named as two separate defendants. Any claims against Aramark Food Services are dismissed without prejudice. No partial final judgment shall issue at this time as to the claims that are dismissed in this Entry. The claims of inadequate nutrition and sanitation in violation of the Eighth Amendment shall proceed against Aramark LLC. The clerk is designated pursuant to Fed. R. Civ. P. 4(c) to issue process to Aramark LLC in the manner specified by Rule 4(d). Process shall consist of the complaint filed on June 20, 2016 1, applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. The clerk shall update the docket to reflect the dismissal of Aramark Food Services and the spelling of the remaining defendant as Aramark LLC. (See entry.) Copies sent to parties per the distribution list. Signed by Judge William T. Lawrence on 7/1/2016. (BRR)