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17-1349 - Gilmore v. Schenectady County Sheriffs et al


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17-1349 - Gilmore v. Schenectady County Sheriffs et al
February 8, 2018
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DECISION AND ORDER: ORDERED that 1. Plaintiff's IFP Application (Dkt. No. 10) is GRANTED; 2. The Clerk of the Court shall provide the superintendent of the facility designated by plaintiff as his current location with a copy of plaintiff's Inmate Authorization (Dkt. No. 11), and notify the official that this action has been filed and that plaintiff is required to pay to the Northern District of New York the statutory filing fee of $350 in installments, over time, pursuant to 28 U.S.C. § 1915; 3. The Clerk shall provide a copy of plaintiff's Inmate Authorization (Dkt. No. 11) to the Financial Deputy of the Clerk's Office; 4. Plaintiff's denial of access to the courts claims SURVIVE initial review and require a response from the individual defendants; 5. Plaintiff's remaining claims are DISMISSED without prejudice for failure to state a claim in accordance with 28 U.S.C. § 1915(e)(2)(B)(ii) and 28 U.S.C. § 1915A(b)(1); 6. The Clerk shall terminate "Schenectady County Sheriff's" as a defendant in this action; 7. The Clerk is directed to add "Officer "Doe'" to the docket as a defendant; 8. The Clerk shall issue summonses and forward them to the U.S. Marshal for service of process upon Officer Smith, Sgt. Guido, Sgt. Gangurem, Sgt. Cellino, and Capt. Dean; the Clerk shall forward a copy of the summons and complaint by mail to the Office of the Schenectady County Attorney, together with a copy of this Decision and Order; 9. A response to the complaint shall be filed by defendants or their counsel as provided for in the Federal Rules of Civil Procedure; 10. Plaintiff must take reasonable steps through discovery to ascertain the identity of Officer "Doe"; 11. Plaintiff's motion for appointment of counsel (Dkt. No. 5) is DENIED without prejudice to renew at a later stage of this proceeding; 12. Plaintiff's motion seeking preliminary injunctive relief (Dkt. No. 6) is DENIED. Signed by Judge David N. Hurd on 2/8/18. (served on plaintiff by regular mail) (alh, )