United States District Court, W.D. New York
June 21, 2005.
JEREMY SANTIAGO, Plaintiff,
C.O. HERB, C.O. SMITH, SGT. MURRAY, C.O. PODULAK, C.O. STOCK, C.O. LUPO, C.O. BROWN, SGT. SMITH, SGT. BURNS, and LT. QUINN, Defendant.
The opinion of the court was delivered by: JOHN T. ELFVIN, Senior District Judge
MEMORANDUM and ORDER
Plaintiff, who is incarcerated in the Auburn Correctional
Facility, has requested permission to proceed in forma pauperis
pursuant to 28 U.S.C. § 1915(a) and has both met the statutory
requirements and furnished the Court with a signed Authorization.
Accordingly, plaintiff's request to proceed as a poor person is
In addition, plaintiff's complaint has been screened by the
Court with respect to the 28 U.S.C. §§ 1915(e) and 1915A
criteria. Plaintiff alleges that beginning on February 18, 2005, following
his initial grievance regarding denials of a meal, programing and
recreation, defendants engaged in retaliation that culminated in excessive
force during a cell extraction on February 21, 2005.
The Clerk of the Court is directed to file plaintiff's papers, and to
cause the United States Marshal to serve copies of the Summons, Complaint,
and this Order upon the named defendants without plaintiff's payment
therefor, unpaid fees to be recoverable if this action terminates by
monetary award in plaintiff's favor. Pursuant to 42 U.S.C. § 1997e(g)(2), the defendants are
directed to answer the complaint.
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