McFadden v. Herman

Full title: BRANDON McFADDEN, Plaintiff, v. SCOTT HERMAN, et al., Defendants

Court: United States District Court, N.D. New York

Date published: Jan 12, 2011

9:09-CV-1415 (N.D.N.Y. Jan. 12, 2011)

Opinion

9:09-CV-1415.

January 12, 2011

DECISION ORDER

THOMAS McAVOY, District Judge

This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. Andrew T. Baxter, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). No objections to the Report-Recommendation dated October 4, 2010 have been filed, and the time to do so has expired. Furthermore, after examining the record, this Court has determined that the Report-Recommendation and Order is not subject to attack for plain error or manifest injustice. Accordingly, the Court adopts the Report-Recommendation for the reasons stated therein.

It is therefore,

ORDERED that Defendants' Motion pursuant to 28 U.S.C. § 1915(g), seeking to revoke Plaintiff's in forma pauperis status and conditionally dismiss the case (Dkt. No. 18) is DENIED.

IT IS SO ORDERED

DATED: January 12, 2011