UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
October 22, 2012
ANTHONY AMAKER, ET AL., PLAINTIFFS,
COMM. G.S. GOORD, ET AL., DEFENDANTS.
The opinion of the court was delivered by: H. Kenneth Schroeder, Jr. United States Magistrate Judge
DECISION AND ORDER
This matter has been referred to the undersigned, pursuant to 28 U.S.C. § 636(b)(1)(A)-(C), for all pretrial matters and to hear and report upon dispositive motions for consideration of the district judge. (Docket No. 23.)
Pursuant to a Decision and Order, filed September 23, 2012 (Docket No. 53), the New York State Attorney General's Office was directed to provide in camera the last known addresses of defendants C.O. Huffer, Supt. McGinnis, Sgt. P. Gavigan, L, McNamara, R. Christensen and/or S. Christensen so that the Court could direct the United States Marshals Service to serve the summons and amended complaint upon these defendants. The addresses have now provided to the Court in camera.
Accordingly, the Clerk of the Court is directed to cause the United States Marshals Service to serve the summons and amended complaint (Docket No. 29) upon defendants McGinnis, Gavigan, McNamara and R. Christensen at the addresses provided to the Court in camera without plaintiff's payment therefor, unpaid fees to be recoverable if this action terminates by monetary award in plaintiff's favor.*fn1 The Clerk of the Court shall prepare the necessary Summonses and U.S. Marshal Process Receipt and Return Forms (USM-285) for service upon defendants.
The Clerk of the Court is also directed to forward a copy of this Order by email to Michael Russo, Assistant Attorney General in Charge, Buffalo Regional Office .
H. Kenneth Schroeder, Jr.