Harvey v. Jalonak

Filing 9

ORDER - That the 8 Report-Recommendation of Magistrate Judge Andrew T. Baxter filed October 2, 2014 is ACCEPTED in its entirety. That Plaintiff's 2 Motion for Leave to Proceed in forma pauperis is DENIED based on plaintiff's accum ulation of three strikes under 28 U.S.C. § 1915(g). That this action is DISMISSED, unless plaintiff pays the $400.00 filing fee in full within thirty (30) days of this order. That if plaintiff pays the filing fee, the Clerk is directed t o return the complaint to the court for further review, and if plaintiff does not pay the filing fee or request an extension of time to do so, the complaint be dismissed without further order of the court. Signed by Chief Judge Gary L. Sharpe on 10/29/2014. (jel, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
------------------------------------------------------------------------------GREGORY HARVEY
Plaintiff,
-v.Civil Action No.
6:14-cv-1046 (GLS/ATB)
DAVID A. JALONAK, Postmaster,
Utica, New York
Defendant.
------------------------------------------------------------------------------APPEARANCES:

OF COUNSEL:

FOR THE PLAINTIFF:
GREGORY HARVEY
07-A-3479
Plaintiff Pro Se
Sing Sing Correctional Facility
354 Hunter Street
Ossining, New York 10562
GARY L. SHARPE,
CHIEF JUDGE

ORDER
The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge Andrew T. Baxter, duly filed October
2, 2014. Following fourteen days from the service thereof, the Clerk has
sent the file, including any and all objections filed by the parties herein.
No objections having been filed, and the court having reviewed the

Magistrate Judge’s Report-Recommendation for clear error, it is hereby
ORDERED that the Report-Recommendation of Magistrate Judge
Andrew T. Baxter filed October 2, 2014 (Dkt. No. 8) is ACCEPTED in its
entirety for the reasons stated therein; and it is further
ORDERED that plaintiff’s motion to proceed IFP (Dkt. No. 2) is
DENIED based on plaintiff’s accumulation of three strikes under 28 U.S.C. §
1915(g); and it is further
ORDERED that this action is DISMISSED, unless plaintiff pays the
$400.00 filing fee in full within thirty (30) days of this order; and it is further
ORDERED that if plaintiff pays the filing fee, the Clerk is directed to
return the complaint to the court for further review, and if plaintiff does not
pay the filing fee or request an extension of time to do so, the complaint be
dismissed without further order of the court; and it is further
ORDERED that the Clerk provide a copy of this Order to the parties in
accordance with the local rules.
IT IS SO ORDERED.
Dated:

October 29, 2014
Albany, New York

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