Rodriguez v. New York State Attorney General et al
9:2006cv01288 |
October 24, 2006 |
US District Court for the Northern District of New York |
Prisoner Office |
David N. Hurd |
Randolph F. Treece |
Prisoner: Civil Rights |
42 U.S.C. ยง 1983 Prisoner Civil Rights |
Plaintiff |
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Filing 59 DECISION and ORDER: The 53 Report-Recommendation is accepted and adopted in all respects; Plaintiff's in forma pauperis status is REVOKED; Plaintiff's 5 amended complaint is CONDITIONALLY DISMISSED until such time as plaintiff has paid the entire $350.00 filing fee; If plaintiff does not submit the $350.00 filing fee within thirty days (30) from the date of this order, the complaint is DISMISSED without further order of this court. Signed by Judge David N. Hurd on 9/28/2009. {Decision & Order served on plaintiff via regular mail} (mgh) |
Filing 53 REPORT-RECOMMENDATION and ORDER: RECOMMENDED, that defts' 47 motion to dismiss be granted and that plaintiff's IFP status be 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; RECOMMENDED, that Plaintiff's 5 Amended Complaint be conditionally dismissed until such time as Plaintiff has paid the e ntire $350.00 filing fee; RECOMMENDED, that if Plaintiff does not submit the $350.00 filing fee within thirty (30) days from the date this Report-Recommendation is adopted, his Complaint be dismissed. Objections to R&R due by 7/30/2009 Case Review Deadline 8/5/2009. Signed by Magistrate Judge Randolph F. Treece on 7/16/2009. {Report-Recommendation & Order served on plaintiff via regular mail}(mgh) |
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