Harris v. Fischer et al

Filing 85

DECISION AND ORDER: ORDERED, that the 84 REPORT AND RECOMMENDATION is accepted and adopted in all respects. ORDERED, that the 81 Letter Motion is DENIED. ORDERED, that the file will not be reopened. Signed by Judge David N. Hurd on 9/27/10. (Order served on plaintiff by regular mail) (alh, )

Harris v. Fischer et al

Doc. 85

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ DUDLEY HARRIS, Plaintiff, vs FISCHER, et al Defendants. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ APPEARANCES: DUDLEY HARRIS Plaintiff, Pro Se 99-b-1293 Franklin Correctional Facility PO Box 10 Malone, NY 12953 HON. ANDREW M. CUOMO Attorney General of the State of New York Attorney for Defendants Department of Law The Capitol Albany, New York 12224 DAVID N. HURD United States District Judge DECISION and ORDER The above action was transferred in from the Western District of New York in March 2008. A Stipulation of Dismissal was filed in this district on April 12, 2010. Plaintiff, Dudley Harris, has now requested that that contract be rescinded and the matter be placed on the active trial calendar due to defendants' failure to pay the agreed upon amount to settle the matter. Defendants responded. By Report-Recommendation dated September 2, 2010, the DOUGLAS J. GOGLIA, ESQ. Asst. Attorney General 9:08-CV-271

Dockets.Justia.com

Honorable Randolph F. Treece, United States Magistrate Judge, recommended that plaintiff's letter motion (Docket No. 81) be denied. The plaintiff has not objected to the Report-Recommendation. Based upon a careful review of the file, and the recommendations of Magistrate Judge Treece, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that 1. Plaintiff's letter motion (Docket No. 81) is DENIED. 2. The file will not be reopened. IT IS SO ORDERED.

Dated: September 27, 2010 Utica, New York.

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