-ATB McFadden v. Herman et al, No. 9:2009cv01415 - Document 30 (N.D.N.Y 2011)
Court Description: DECISION AND ORDER: The 26 Report and Recommendations is adopted. ORDERED that 18 Motion to Dismiss is DENIED. Signed by Senior Judge Thomas J. McAvoy on 1/12/11. {order served via regular mail on all non-ecf parties}(nas)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ BRANDON MCFADDEN, Plaintiff, -v- 9:09-CV-1415 SCOTT HERMAN, et al., Defendants. _________________________________________ THOMAS J. McAVOY, Senior United States District Judge DECISION & ORDER 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 ReportRecommendation 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) 1 is DENIED. IT IS SO ORDERED DATED:January 12, 2011 2
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