Rodriguez v. New York State Attorney General et al

Filing 59

DECISION and ORDER: The 53 Report-Recommendation is accepted and adopted in all respects; Plaintiff's in forma pauperis status is REVOKED; Plaintiff's 5 amended complaint is CONDITIONALLY DISMISSED until such time as plaintiff has paid the entire $350.00 filing fee; If plaintiff does not submit the $350.00 filing fee within thirty days (30) from the date of this order, the complaint is DISMISSED without further order of this court. Signed by Judge David N. Hurd on 9/28/2009. {Decision & Order served on plaintiff via regular mail} (mgh)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ----------------------------------LARRY RODRIGUEZ, Plaintiff, 9:06-CV-1288 vs GLENN S. GOORD; RONALD BACKE, Legislation Dept.; THOMAS EGAN, Director of Grievance; BELLING, D.S.S., Auburn Correctional Facility; LESTER WRIGHT, Chief Medical Examiner; JOHN NUTTAL, Deputy Commissioner of Programs; RICHARD LAUX, P.A., Medical Dept., Auburn; HAROLD SMITH, Director of Mental Health; and G. McPARTLAND, Defendants. ~~~~~~~~~~~~~~~~~~~~~~~~~~ APPEARANCES: LARRY RODRIGUEZ Plaintiff, pro se 99-A-3278 Central New York Psychiatric Center PO Box 300 Marcy, NY 13403 HON. ANDREW M. CUOMO Attorney General of the State of New York Attorney for State Defendants Department of Law The Capitol Albany, New York 12224 DAVID N. HURD United States District Judge HEATHER R. RUBINSTEIN, ESQ. Asst. Attorney General OF COUNSEL: DECISION and ORDER Plaintiff, Larry Rodriguez, brought this civil rights action pursuant to 42 U.S.C. 1983. By Report-Recommendation dated July 16, 2009, the Honorable Randolph F. Treece, United States Magistrate Judge, recommended that plaintiff's status as proceeding in forma pauperis be revoked; that plaintiff's amended complaint (Docket No. 5) be conditionally dismissed until such time as plaintiff has payed the entire $350.00 filing fee; and that if plaintiff does not submit the $350.00 filing fee within thirty days form the date of the order adopting the report-recommendation, his complaint be dismissed. The plaintiff has timely filed objections to the report-recommendation. Based upon a careful review of the entire file, including the portions to which the plaintiff has objected, and the recommendations of Magistrate Judge Treece, the ReportRecommendation is accepted and adopted in all respects. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that 1. Plaintiff's in forma pauperis status is REVOKED; 2. Plaintiff's amended complaint (Docket No. 5) is CONDITIONALLY DISMISSED until such time as plaintiff has payed the entire $350.00 filing fee; 3. If plaintiff does not submit the $350.00 filing fee within thirty days (30) from the date of this order, the complaint is DISMISSED without further order of this court; and 4. In that event, the Clerk is directed to enter judgment accordingly and close the file. IT IS SO ORDERED. -2- Dated: September 28, 2009 Utica, New York. -3-

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