Berry v. Thomas et al
| Oliver Berry |
| Thomas, The Dept. of Corr. Sevices, The C.R.O.C., The Board of Corrections, The Inspector General, The N.Y.C.D.O.C., P.H.S. and Anna M. Kross Center (P.H.S.) |
| 1:2009cv08413 |
| October 5, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Dutchess |
| Loretta A. Preska |
| Plaintiff |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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|---|
Filing
36
ORDER ADOPTING REPORT AND RECOMMENDATION for 35 Report and Recommendations: I concluded that the R&R is well reasoned and grounded in law. In adopting the R&R, I underscore Judge Katz's condemnation of plaintiff's failure to forthrightly list funds received over the preceding year. (R&R at 5.) As noted by Judge Katz, however, defendants do not dispute plaintiff's actual indigence, the record does not reflect that petitioner at any point had the resources to pay the total filing fee, and, unlike Cuoco and its progeny, there is no evidence of bad faith or concealment. (R&R at 5-7.) I adopt the R&R in full. The defendants' motion is DENIED. (Signed by Judge P. Kevin Castel on 5/10/2012) (lmb)
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