Summary
In Brown, the district court adopted in whole a magistrate judge's report and recommendation in a case involving facts similar to those the instant case.
Summary of this case from Ali v. LambertOpinion
No. 05-CV-82 (FJS/DRH).
February 6, 2008
TREVOR BROWN, Plaintiff Pro Se, Jamaica, West Indies.
ROGER W. KINSEY, ESQ., Assistant Attorney General, HON. ELIOT SPITZER, New York State Attorney General, Attorney for Defendant, The Capitol, Albany, New York.
DECISION AND ORDER
Currently before the Court is Magistrate Judge David R. Homer's January 9, 2008 Report-Recommendation and Order to which no objections have been filed. Having reviewed the Report-Recommendation and the entire file in this matter, the Court hereby ORDERS, that the Report-Recommendation and Order of Magistrate Judge David R. Homer filed January 9, 2008 is ACCEPTED in its entirety, for the reasons stated therein, and the Court further
ORDERS, that defendants' motion to dismiss (Docket No. 31) is DENIED without prejudice, and the Court further
ORDERS, that on or before July 1, 2008, Brown shall file with the Court a copy of the written consent of the United States Attorney General, or his designee, GRANTING Brown permission to reapply for admission to the United States; and the Court further
ORDERS, that defendants are granted leave to submit a letter requesting dismissal of this action after July 1, 2008, if Brown fails to file a copy of the written consent of the United States Attorney General, or his designee, granting Brown permission to reapply for admission to the Unite States; and the Court further
ORDERS, that upon the filing of the district court's order on this report-recommendation, all further proceedings in this case are STAYED until July 1, 2008 or until further order of the Court.