Harnett v. Tetreault et al

Filing 58

ORDER that 57 Report and Recommendations is ACCEPTED in its entirety. ORDERED, that Plaintiff's status as proceeding in forma pauperis is revoked because Plaintiff has brought on three or more occasions, actions which have been dismissed unde r 28 U.S.C. § 1915(g), and because he has not alleged in this action that he is in imminent danger of serious physical injury. ORDERED, that Plaintiff's Amended Complaint (Dkt. No. 5) is conditionally dismissed until such time as Plaintiff has paid the entire $350.00 filing fee. ORDERED, that if Plaintiff does not submit the $350.00 filing fee within thirty (30) days from the date of this order, his Complaint will dismissed without further order of the court. Signed by Judge Gary L. Sharpe on 9/11/09. (Attachments: # 1 Judge Treece's report-recommendations) (nas)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------------TIMOTHY HARTNETT, a/k/a SHAIABDULLAH MUHAMMAD, Plaintiff, -v.Civil Action No. 9:07-cv-952 (GLS/RFT) K.D. TETREAULT, et al. Defendants. ------------------------------------------------------------------------------APPEARANCES: FOR THE PLAINTIFF: TIMOTHY HARNETT a/k/a SHAIABDULLAH MUHAMMAD Plaintiff, Pro Se 01-A-3567 Upstate Correctional Facility P.O. Box 2001 309 Bare Hill Road Malone, New York 12953 FOR THE RESPONDENT: HON. ANDREW M. CUOMO Attorney General for the State of New York The Capitol Albany, New York 12224 GARY L. SHARPE, U.S. DISTRICT JUDGE DOUGLAS J. GOGLIA, ESQ. Assistant U.S. Attorney OF COUNSEL:

ORDER The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge Randolph F. Treece, duly filed August 17, 2009. Following ten 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 Randolph F. Treece filed August 17, 2009 is ACCEPTED in its entirety for the reasons state therein, and it is further ORDERED, that Plaintiff's status as proceeding in forma pauperis is revoked because Plaintiff has brought on three or more occasions, actions which have been dismissed under 28 U.S.C. § 1915(g), and because he has not alleged in this action that he is in imminent danger of serious physical injury, and it is further ORDERED, that Plaintiff's Amended Complaint (Dkt. No. 5) is conditionally dismissed until such time as Plaintiff has paid the entire $350.00 filing fee, and it is further

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ORDERED, that if Plaintiff does not submit the $350.00 filing fee within thirty (30) days from the date of this order, his Complaint will dismissed without further order of the court, and it is further ORDERED, that the Clerk of the court serve a copy of this order upon the parties in accordance with this court's local rules.

IT IS SO ORDERED. Dated: September 11, 2009 Albany, New York

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