Opinion
11-CV-0294S
09-13-2012
DANA GIBSON, Plaintiff, v. CRAIG E. YACKEREN, KEITH M. KARNOFSKY, and C. ROBINSON, Defendants.
ORDER
The Court, upon review of plaintiff's First Amended Complaint, inter alia, granted plaintiff permission to proceed in forma pauperis, dismissed some of plaintiff's claims against certain defendants, directed plaintiff to file a Second Amended Complaint in order to allege an actionable Eighth Amendment claim against defendant CO. Yackeren and directed that the claims against defendants Karnofsky and Robinson would proceed to service upon the filing of the Second Amended Complaint and review of such pursuant to 28 U.S.C. § § 1915(2)(B) and 1915A. (Docket No. 10.)
Plaintiff has filed a Second Amended Complaint (Docket No. 11) as directed and it has been reviewed by the Court with respect to the 28 U.S.C. § § 1915(e)(2) and 1915A criteria.
The Clerk of the Court is directed to file's papers, and to cause the United States Marshal to serve copies of the Summons, Second Amended Complaint, this Order and the Order, filed January 5, 2012 (Docket No. 10), upon the named defendants-Craig E. Yackeren, Keith M. Karnofsky and C. Robinson-- without's payment therefor, unpaid fees to be recoverable if this action terminates by monetary award in's favor. unpaid fees to be recoverable if this action terminates by monetary award in plaintiffs favor.
Pursuant to 42 U.S.C. § 1997e(g)(2), the defendants are directed to answer the Second Amended Complaint.
SO ORDERED.
______________
JOHN T. CURTIN
United States District Judge
DATED: 9/13, 2012
Buffalo, New York