Singh v. Mental Health D. of Attica Corr. Facility

Full title: GURDIP SINGH, Plaintiff, v. THE MENTAL HEALTH DEPARTMENT OF ATTICA…

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

Date published: Sep 18, 2008

9:08-CV-0860 (N.D.N.Y. Sep. 18, 2008)

Opinion

9:08-CV-0860.

September 18, 2008

GURDIP SINGH, 98-A-6507, Plaintiff, Pro Se, Great Meadow Correctional Facility, Comstock, NY.

ORDER

NORMAN MORDUE, District Judge

The above matter comes to me following a Report-Recommendation by Magistrate Judge George H. Lowe, duly filed on the 28^th day of August 2008. Following ten days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.

After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is

ORDERED, that:

1. The Report-Recommendation is hereby adopted in its entirety.

2. Plaintiff's complaint (Dkt. No. 1) is dismissed pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii), 1915A, and Fed.R.Civ.P. 12(h)(3) unless (1) on or before October 20, 2008 plaintiff pays the Court's filing fee of three-hundred fifty dollars ($350) AND (2) files an Amended Complaint that states a claim upon which relief might be granted (and states a claim against a Defendant over whom the court has subject-matter jurisdiction).

3. Plaintiff's motion to proceed in forma pauperis (Dkt. No. 2) is denied without prejudice.

4. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.

IT IS SO ORDERED.