McFadden v. People of the State of New York et al

Filing 5

ORDER denying 2 Motion for Leave to Proceed in forma pauperis; adopting 4 Report and Recommendations. Plaintiff's complaint will be dismissed, without further order of the Court, if the filing fee is not received within 30 days from today's date. Signed by Judge Brenda K. Sannes on 5/27/15 (served on plaintiff via regular mail). (rjb, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________________
ALEXANDER MCFADDEN,
Plaintiff,
v.

1:15 -CV-0161 (BKS/DEP)

PEOPLE OF THE STATE OF NEW YORK, et. al.,
Defendants.
________________________________________________
APPEARANCES:
Alexander McFadden, Plaintiff pro se
11-A-4995
Attica Correctional Facility
Box 149
Attica, NY 14011

HON. BRENDA K. SANNES, U. S. DISTRICT JUDGE
ORDER
On February 12, 2015, plaintiff Alexander McFadden filed a pro se complaint under 42
U.S.C. § 1983. (Dkt. No. 1). His complaint and motion for leave to proceed in forma pauperis
were referred to United States Magistrate Judge David E. Peebles. (Dkt. No. 2). On April 29,
2015, Magistrate Peebles issued a Report and Recommendation, recommending that plaintiff’s
motion for leave to proceed in forma pauperis be denied, and that the complaint be dismissed if
plaintiff fails to pay the filing fee within thirty days. (Dkt. No. 4). Magistrate Peebles advised
plaintiff that he had fourteen days to file objections to the report and that the failure to object
would preclude appellate review. (Id.) The Report and Recommendation was served on plaintiff
by regular mail on April 30, 2015, and no objections to the Report and Recommendation have

been filed. (Id.).
Since no objections to the Report and Recommendation have been filed, and the time for
filing objections has expired, the Court has reviewed the Report and Recommendation for clear
error. Petersen v. Astrue, 2 F. Supp. 3d 223, 228-29 (N.D.N.Y. 2012); Fed. R. Civ. P. 72(b)
advisory committee’s note to the 1983 addition. Under this standard, “the court need only satisfy
itself that there is no clear error on the face of the record in order to accept the recommendation.”
Id. Having reviewed the Report and Recommendation and having found no clear error, it is
hereby:
ORDERED that the Report and Recommendation (Dkt. No. 4) is ADOPTED in its
entirety for the reasons stated therein; and it is further
ORDERED that plaintiff’s motion for leave to proceed in forma pauperis (Dkt. No. 2) is
DENIED; and it is further
ORDERED that the Clerk of the Court shall dismiss plaintiff’s complaint (Dkt No. 1)
without further order of the court if the full filing fee is not received within thirty days from
today’s date; and it is further
ORDERED that the Clerk of the Court shall serve a copy of this Order upon plaintiff in
accordance with the local rules.
IT IS SO ORDERED.

Dated: May 27, 2015
Syracuse, New York