Barnes v. Annucci et al

Filing 60

ORDER: ORDERED that the Report and Recommendation (Dkt. No. 56 ) isADOPTED in its entirety. ORDERED that defendants' motion to revoke plaintiff's IFP status and conditionally dismiss the complaint in this matter, (Dkt. No. 30 ), is DENIED. Signed by Senior Judge Gary L. Sharpe on 9/7/16. (served on plaintiff by regular mail)(alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________
ARRELLO BARNES
Plaintiff,

9:15-cv-777
(GLS/DEP)

v.
ANTHONY ANNUCCI, Acting
Commissioner et al.
Defendants.
________________________________
APPEARANCES:
OF COUNSEL:
FOR THE PLAINTIFF:
ARRELLO BARNES
00-A-0957
Southport Correctional Facility
P.O. Box 2000
Pine City, New York 14871
FOR THE DEFENDANTS:
HON. ERIC T. SCHNEIDERMAN
New York State Attorney General
The Capitol
Albany, New York 12224

COLLEEN D. GALLIGAN
Assistant Attorney General

Gary L. Sharpe
Senior District Judge
ORDER
The above-captioned matter comes to this court following a Report

and Recommendation by Magistrate Judge David E. Peebles, duly filed on
August 10, 2016. (Dkt. No. 56.) Following fourteen 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 filed1, and the court having reviewed the
Report-Recommendation for clear error, it is hereby
ORDERED that the Report and Recommendation (Dkt. No. 56) is
ADOPTED in its entirety; and it is further
ORDERED that defendants’ motion to revoke plaintiff’s IFP status
and conditionally dismiss the complaint in this matter, (Dkt. No. 30), is
DENIED; 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.
September 7, 2016
Albany, New York

1

On August 29, 2016, plaintiff filed a letter advising the court that he does not have
any objections to the Report-Recommendation. (Dkt. No. 59.)

2