Perry v. Fischer et al

Filing 93

ORDER that the Report-Recommendation (Dkt. No. 87) is APPROVED and ADOPTED in its ENTIRETY; ORDERED, that Defendants' Motion for sanctions and to dismiss the Amended Complaint (Dkt. No. 56) is GRANTED; ORDERED, that Plaintiff's Amended Comp laint (Dkt. No. 24) is DISMISSED in its entirety with prejudice; ORDERED, that Plaintiff's in forma pauperis status is revoked, and he is ordered to pay any balance on his $350 filing fee immediately; ORDERED, that Plaintiff's Motion f or summary judgment (Dkt. No. 50) is DENIED as moot; ORDERED, that Plaintiff's various discovery and procedural Motions (Dkt. Nos. 67, 72, 74-76, 82) are DENIED as moot. Signed by Senior Judge Lawrence E. Kahn on 3/31/10. {order served via regular mail on all non-ecf parties}(nas)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK KAREEM S. PERRY, Plaintiff, -againstBRIAN S. FISCHER, et al., Defendants. 9:08-CV-0602 (LEK/ATB)

DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on March 2, 2010 by the Honorable Andrew T. Baxter, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3 of the Northern District of New York. ReportRec. (Dkt. No. 87). After ten days from the service thereof, the Clerk has sent the entire file to the undersigned, including Plaintiff Kareem Perry's Objections, (Dkt. No. 92) ("Objections"), which were filed on March 26, 2010.1 It is the duty of this Court to "make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b). "A [district] judge . . . may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id. This Court has considered the Objections and has undertaken a de novo review of the record and has determined that the Report-Recommendation should be approved for the reasons stated

Plaintiff was granted an extension of time to file his Objections pursuant to his March 9, 2010 Letter Motion. Dkt. No. 89. 1

1

therein. Accordingly, it is hereby ORDERED, that the Report-Recommendation (Dkt. No. 87) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Defendants' Motion for sanctions and to dismiss the Amended Complaint (Dkt. No. 56) is GRANTED; and it is further ORDERED, that; Plaintiff's Amended Complaint (Dkt. No. 24) is DISMISSED in its entirety with prejudice; and it is further ORDERED, that Plaintiff's in forma pauperis status is revoked, and he is ordered to pay any balance on his $350 filing fee immediately; and it is further ORDERED, that Plaintiff's Motion for summary judgment (Dkt. No. 50) is DENIED as moot; and it is further ORDERED, that Plaintiff's various discovery and procedural Motions (Dkt. Nos. 67, 72, 74-76, 82) are DENIED as moot; and it is further ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED.

DATED:

March 31, 2010 Albany, New York

2