Presently before the Court is Plaintiff Allen Morris' amended Complaint. Dkt. No. 9. Plaintiff submitted the amended Complaint in compliance with the Decision and Order of this Court filed on February 2, 2010. ("February Order") Dkt. No. 8. The February Order advised Plaintiff, inter alia, that he was to include allegations against the named Defendants so as to give Defendants fair notice of Plaintiff's claims against them and that he may not recover monetary damages against the NYS Department of Correctional Services. Id.
Plaintiff has not included "NYS Department of Correctional Services" as a Defendant in the body of his amended Complaint. Accordingly, "NYS Department of Correctional Services" is dismissed as a Defendant in this action.*fn1 Plaintiff adds three new Defendants to his action -- namely "P. Barr, Correction Officer, Riverview Correctional Facility," "Mclear, Sergeant, Riverview Correctional Facility," and "J. Rupert, Correction Officer, Riverview Correctional Facility." The Clerk of the Court is directed to add these new Defendants to the docket of this action.
In his amended Complaint, Plaintiff alleges, inter alia, that he was issued a false misbehavior report charging him with weapon possession but that he was "set up" by Defendants in retaliation for a "previous complaint against the superintendent of Cape Vincent Correctional Facility and Jefferson County Public Defender's Office." Dkt. No. 9, ¶ 6. Since Plaintiff's amended Complaint is in substantial compliance with the February Order, the Court shall direct service of the amended Complaint.*fn2
ACCORDINGLY, it is hereby
ORDERED that "NYS Department of Correctional Services" is dismissed as a Defendant to this action; and it is further
ORDERED that the Clerk revise the docket to add "P. Barr, Correction Officer, Riverview Correctional Facility," "Mclear, Sergeant, Riverview Correctional Facility," and "J. Rupert, Correction Officer, Riverview Correctional Facility" as Defendants to this action; and it is further
ORDERED that the Clerk of the Court shall issue summonses and forward them, along with copies of the amended Complaint (Dkt. No. 9), to the United States Marshal for service upon the Defendants, together with a copy of this Decision and Order. The Clerk of the Court shall also forward a copy of the summons and amended Complaint by mail to the Office of the Attorney General for the State of New York, together with a copy of this Decision and Order; and it is further
ORDERED that a formal response to Plaintiff's amended Complaint be filed by the Defendants or their counsel, as provided for in Rule 12 of the Federal Rules of Civil Procedure, subsequent to service of process on the Defendants; and it is further
ORDERED that all pleadings, motions and other documents relating to this action be filed with the Clerk of the United States District Court, Northern District of New York, 7th Floor, Federal Building, 100 S. Clinton St., Syracuse, New York 13261-7367. Any paper sent by a party to the Court or the Clerk must be accompanied by a certificate showing that a true and correct copy of it was mailed to all opposing parties or their counsel. Any document received by the Clerk or the Court which does not include a certificate of service showing that a copy was served upon all opposing parties or their attorneys will be stricken from the docket. Plaintiff must comply with any requests by the Clerk's Office for any documents that are necessary to maintain this action. All parties must comply with Local Rule 7.1 of the Northern District of New York in filing motions. Plaintiff is also required to promptly notify the Clerk's Office and all parties or their counsel, in writing, of any change in Plaintiff's address; failure to so may result in dismissal of this action. All motions will be decided on submitted papers without oral argument unless otherwise ordered by the Court; and it is further
ORDERED that the Clerk of the Court serve a copy of this Order on Plaintiff.