Jackson v. Auburn Correctional Facility et al

Filing 34

ORDER that 33 Report and Recommendations is adopted. ORDERED that plaintiff''s IFP status is VACATED, in the event that plaintiff does not submit the $350.00 filing fee within 30 days from the date of this Order, the complaint will be dismissed without further order of the court. Signed by Senior Judge Thomas J. McAvoy on 6/15/09. {order served via regular mail on all non-ecf parties}(nas)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------Anthony Jackson, Plaintiff, v. 9:07-CV-0651 Lead Case

Auburn Correctional Facility, et al., Defendants. -------------------------------Anthony Jackson, Plaintiff, v. 9:07-CV-0659 Member Case

Department of Correctional Services, et al., Defendants. -------------------------------THOMAS J. McAVOY United States District Judge DECISION and ORDER This matter brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. David E. Peebles, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). No objections to the May 8, 2009 Report-Recommendation have been raised. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation for the reasons stated therein. It is, therefore, ORDERED that:

(1) Plaintiff's IFP status is VACATED; and (2) In the event plaintiff does not submit the $350.00 filing fee within thirty (30) days from the date of this Order, the Complaint will be DISMISSED without further order of the Court.

IT IS SO ORDERED. Dated:June 15, 2009

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