Harnett v. Senkowski et al

Filing 50

ORDER that 49 Report and Recommendations is APPROVED and ADOPTED in its ENTIRETY. ORDERED that 47 Motion to Dismiss is GRANTED. ORDERED that plaintiff's in forma pauperis status is REVOKED. ORDERED that this action is dismissed as to all claims and all defendants unless plaintiff pays the filing fee of $350.00 within 30 days of the entry of this Order. ORDERED that 43 Motion is DENIED WITHOUT PREJUDICE subject to renewal if the above captioned action is not dismissed under 28 USC Sect. 1915(g). Signed by Senior Judge Lawrence E. Kahn on 6/16/09. {order served via regular mail on plaintiff}(nas)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK TIMOTHY HARNETT, a/k/a Shaiabdullah Muhammad, Plaintiff, v. DANIEL A. SENKOWSKI, Superintendent, Clinton Correctional Facility, LAWRENCE SEARS, Deputy Superintendent, Clinton Correctional Facility, GLENN S. GOORD, Commissioner of DOCS, CASINE, Correctional Officer, Clinton Correctional Facility, DALE ARTUS, Superintendent, Clinton Correctional Facility, PAUL M. KNAPP, Deputy Superintendent, Clinton Correctional Facility; J. BELL, Captain, Clinton Correctional Facility, D. LaCLAIR, Grievance Sergeant, Clinton Correctional Facility, THOMAS G. EAGEN, Grievance Director, TARA BROUSSEAU, Grievance Supervisor, Clinton Correctional Facility, EDWARD J. McSWEENEY, Assistant Commissioner of DOCS, J. TEDFORD, Deputy Superintendent, Clinton Correctional Facility, JOHN DOE, #1-11, Correctional Officers, Clinton Correctional Facility, and KAREN BELLAMY, Assistant Commissioner of DOCS, Defendants. 9:07-CV-1232 (LEK/DRH) DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on May 27, 2009, by the Honorable David R. Homer, United States Magistrate Judge, pursuant to 28 U.S.C. 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 49). Within ten days, excluding weekends and holidays, after a party has been served with a copy 1 of a Magistrate Judge's Report-Recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations," FED. R. CIV. P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to Judge Homer's Report-Recommendation. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, it is hereby ORDERED, that the Report-Recommendation (Dkt. No. 49) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Defendants' Motion to dismiss (Dkt. No. 47) is GRANTED; and it is further ORDERED, that Plaintiff's in forma pauperis status is REVOKED; and it is further ORDERED, that this action is DISMISSED as to all claims and all Defendants unless Plaintiff pays the filing fee of $350.00 within thirty (30) days of the entry of this Order; and it is further ORDERED, that Defendants' Motion for sanctions and dismissal (Dkt. No. 43) is DENIED without prejudice subject to renewal if the above-captioned action is not dismissed under 28 U.S.C. 1915(g); and it is further ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED. DATED: June 16, 2009 Albany, New York 2

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