Summary
finding that the plaintiff had acquired at least three strikes prior to September 12, 2005
Summary of this case from Chavis v. McCullochOpinion
9:06-CV-0049, (LEK/GHL).
February 21, 2008
DECISION AND ORDER
This matter comes before the Court following a Report-Recommendation filed on January 28, 2008 by the Honorable George H. Lowe, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3 of the Northern District of New York. Report-Rec. (Dkt. No. 36). After ten days from the service thereof, the Clerk has sent the entire file to the undersigned, including the objections by Plaintiff George M. Chavis, which were filed on February 13, 2008. Objections (Dkt. No. 37).
It is the duty of this Court to "make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b). "A [district] judge . . . may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id. This Court has considered the objections and has undertaken a de novo review of the record and has determined that the Report-Recommendation should be approved for the reasons stated therein.
Accordingly, it is herebyORDERED, that the Report-Recommendation (Dkt. No. 36) is APPROVED and ADOPTED in its ENTIRETY; and it is further
ORDERED, that Plaintiff's in forma pauperis status is revoked as having been improvidently granted and that Plaintiff is given TEN (10) DAYS from the date of this Order to pay the Court's filing fee of $250. Should Plaintiff fail to make that payment, his Complaint will be dismissed without further order of this Court; and it is further
ORDERED, that the Clerk serve a copy of this Order on all parties.
IT IS SO ORDERED.