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17-047 - Porter v. Uhler et al


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17-047 - Porter v. Uhler et al
February 7, 2017
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DECISION AND ORDER: ORDERED that plaintiff's Fourteenth Amendment and Eighth Amendment claims against Uhler and Annucci survive the Court's sua sponte review under 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b) and require a response. ORDERED that plaintiff is afforded an opportunity to request an order of this Court directing service by the U.S. Marshal and provide payment of the service fee to the U.S. Marshal in full by money order or certified check. ORDERED that the Clerk of the Court is directed to provide plaintiff with a two blank U.S. Marshals Forms. ORDERED that upon plaintiff's request for assistance with service of process, the Clerk shall return the file to the Court for further review. ORDERED that if plaintiff does not request for assistance with service of process within twenty (20) days of the filing date of this Decision and Order, the Clerk shall issue a summons and forward it to plaintiff, who shall be responsible for effecting service of process on defendants. Upon issuance of the summons, the Clerk shall send a copy of the summons and complaint to the Office of the New York Attorney General, together with a copy of this Decision and Order. ORDERED that defendants or their counsel, file a response to the complaint as provided for in the Federal Rules of Civil Procedure after service of process upon them. Signed by U.S. District Judge Mae A. D'Agostino on 2/7/17. ( Notice of Compliance Deadline 2/27/2017) (served on plaintiff with 2 blank USM 285 forms by regular mail)(alh, )