Report-Recommendation. Any defendants not named in such pleading shall not be defendants in the instant action. Plaintiff is further cautioned that no portion of any prior complaint shall be incorporated into his amended complaint by reference. Moreover, Mercer shall submit only one amended complaint in accordance with the terms of this Order and Report-Recommendation. Therefore, plaintiff shall state in the single amended complaint filed in accordance with the terms of this Order and Report-Recommendation all claims that he wishes this Court to consider as a basis for awarding plaintiff relief herein.
(B) In forma pauperis application.
Turning to plaintiff's in forma pauperis application, the Court notes that the Report-Recommendation ordered Mercer to either submit the $ 150.00 filing fee or an inmate authorization form which authorized the disbursement from plaintiff's inmate account, of $ 150.00, to the Court. See docket no. 4 at 2-3. On July 2, 1997, Mercer filed with the Court an inmate authorization form which authorizes the disbursement of $ 150.00 from his inmate account. See docket no. 6. Since the inmate authorization complies with such Report-Recommendation, the Court finds that Mercer may properly proceed with this action in forma pauperis.
WHEREFORE, it is hereby
RECOMMENDED, that if plaintiff fails to file a typed, double-spaced amended complaint within thirty (30) days from the date of the service of this Order, the instant action be dismissed due to plaintiff's failure to comply with the requirements of this Order, and it is further
RECOMMENDED, that if plaintiff fails to allege specific acts of misconduct as to any of the individuals named in any amended complaint filed herein, the instant action be dismissed with respect to the individuals against whom the plaintiff has failed to allege specific acts of misconduct, and it is further
ORDERED, that upon the filing of plaintiff's amended complaint as directed above, the file in this matter be returned to the undersigned for further review, and it is further
ORDERED, that leave to proceed or prosecute this action in forma pauperis is granted, and it is further
ORDERED, that the Clerk serve a copy of this Order on the plaintiff by regular mail.
Pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 72.1(c), the parties have ten (10) days within which to file written objections to the foregoing report-recommendation. Such objections shall be filed with the Clerk of the Court. FAILURE TO OBJECT TO THIS REPORT WITHIN TEN DAYS WILL PRECLUDE APPELLATE REVIEW. Roldan v. Racette, 984 F.2d 85, 89 (2d Cir. 1993) (citing Small v. Secretary of Health and Human Services, 892 F.2d 15 (2d Cir. 1989)); 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6(a), 6(e) and 72.
IT IS SO ORDERED.
Dated: July 29, 1997
Albany, New York
David R. Homer
U.S. Magistrate Judge
Set forth the facts of your case which substantiate your claim of violation of your civil and/or Constitutional rights. List the events in the order they happened, naming defendants involved, dates and places.
Note: Each fact should be stated in a separate paragraph; paragraphs should be numbered sequentially.
You must include allegations of wrongful conduct as to EACH and EVERY defendant in your complaint.
You may use additional sheets as necessary.
[SEE TEXT IN ORIGINAL]
Form E (1) (a) . 3