UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
March 13, 2012
JONATHAN WHEELER-WHICHARD, PLAINTIFF,
MARK DELAURO, NURSE AT SOUTHPORT C.F., ET AL., DEFENDANTS.
The opinion of the court was delivered by: H. Kenneth Schroeder, Jr. United States Magistrate Judge
DECISION AND ORDER
On December 13, 2012, plaintiff was directed to file one Amended Complaint "listing all claims for past events" no later than February 29, 2012, and defendants were directed to file their answer to the Amended Complaint no later than March 23, 2012. (Docket No. 43, Text Order.) On March 2, 2012, the Clerk of the Court filed plaintiff's Amended Complaint with a number of exhibits under seal because the Amended Complaint and exhibits contained medical information of a confidential and personal nature. (Docket No. 45.)*fn1 The Amended Complaint contains one "new" defendant that had not been named in the prior complaints--Debbie Graf, P.A. at Wyoming C.F.
Accordingly, the Clerk of the Court is directed to cause the United States Marshals Service to serve a copy of the Amended Complaint (Docket No. 45) upon defendant Debbie Graf, P.A. at Wyoming C.F. 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 defendant is directed to answer the Amended Complaint. The deadline for all defendants to answer is extended 30 days from service of the Amended Complaint upon Debbie Graf, P.A.
H. Kenneth Schroeder, Jr.