Summary
noting that "unless the prospect of . . . a future assault" threatened after a physical assault "is so specific and/or likely as to be deemed real, such an allegation will not suffice to allege an 'imminent danger' on the date of filing"
Summary of this case from Antrobus v. DapecevicOpinion
9:07-CV-1135 (DNH) (GHL).
November 20, 2008
REUBEN AVENT, Plaintiff, pro se, 01-A-5796, Auburn Correctional Facility, Auburn, NY.
ORDER
Plaintiff, Reuben Avent, brought this civil rights action pursuant to 42 U.S.C. § 1983. In a Report Recommendation dated September 30, 2008, the Honorable George H. Lowe, United States Magistrate Judge, recommended that plaintiff's in forma pauperis status be revoked as having been improvidently granted; that the complaint be dismissed if within thirty (30) days of the date of the final order on the report-recommendation he has not paid the required filing fee of $350.00. The plaintiff has filed timely objections to the Report Recommendation.
Based upon a de novo review of the portions of the Report-Recommendation to which the plaintiff has objected, the Report-Recommendation is accepted and adopted. See 28 U.S.C. 636(b)(1).
Accordingly, it is
ORDERED that
1. Plaintiff's in forma pauperis status is REVOKED;
2. Plaintiff's complaint is DISMISSED; however if plaintiff pays the required filing fee of $350.00 in full within thirty (30) days of the date of this order, the complaint will be reinstated and the action may move forward;
3. If plaintiff fails to pay the required filing fee within thirty days, the Clerk is instructed to file judgment accordingly and close the file.
IT IS SO ORDERED.