Reynolds v. United States of America, No. 3:2013cv00950 - Document 6 (N.D.N.Y 2013)
Court Description: DECISION & ORDER: It is ordered that the # 3 Report and Recommendation is APPROVED. Therefore Plaintiff is directed to pay the $400.00 filing fee within 30 days, if the filing fee is not received by the Court within 30 days, the Clerk is directed to dismiss plaintiff's complaint and close this file, without further order. Signed by Judge David N. Hurd on 11/5/2013. (jmb) {Copy sent to pro se plaintiff by regular mail}
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------MICHAEL CURTIS REYNOLDS, 3:13-CV-0950 (DNH/DEP) Plaintiff, -v- UNITED STATES OF AMERICA; LARRY WHITEHEAD; and JOSEPH NOONE, Defendants. -------------------------------APPEARANCES: MICHAEL CURTIS REYNOLDS Plaintiff pro se 10671-023 Federal Correctional Complex P.O. Box 5300 Adelanto, CA 92301 DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff brought this action alleging various constitutional deprivations leading up to his prosecution and conviction in the United States District Court for the Middle District of Pennsylvania. On October 11, 2013, the Honorable David E. Peebles, United States Magistrate Judge, advised, by Report-Recommendation, that plaintiff be ordered to pay the $400 filing fee within thirty days of the date of this Decision and Order and that if the filing fee is not received by the court within that time frame, the Clerk be directed to dismiss plaintiff's complaint and close the file, without further order. Plaintiff timely filed objections to the Report-Recommendation. Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted in whole. See 28 U.S.C. ยง 636(b)(1). Therefore, it is ORDERED that 1. Plaintiff pay the $400 filing fee within thirty (30) days of the date of this Decision and Order; and 2. If the filing fee is not received by the court within thirty (30) days of the date of this Decision and Order, the Clerk dismiss plaintiff's complaint and close the file, without further order. IT IS SO ORDERED. Dated: November 5, 2013 Utica, New York. -2-
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