Johnson v. Adams et al, No. 9:2010cv01082 - Document 56 (N.D.N.Y 2012)
Court Description: DECISION and ORDER: The 54 Report and Recommendation is accepted in whole. ORDERED that Plaintiff's in forma pauperis status is REVOKED; Plaintiff shall pay the required filing fee within thirty (30) days of the date of this Decision and Order; The substantive portion of defendants' motion for summary judgment, Dkt. No. 42 , is held in abeyance; Upon plaintiff's payment of the required filing fee, the matter shall be returned to Magistrate Judge David E. Peebles for con sideration of the remaining portions of defendants' motion; and in the event plaintiff fails to pay the statutory $350 filing fee within thirty (30) days, his complaint will be DISMISSED. Signed by Judge David N. Hurd on 7/26/12. {order served via regular mail on all non-ecf parties}(nas, )
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------JOHNATHAN JOHNSON, Plaintiff, -v- 9:10-CV-1082 ADAMS, Doctor, Upstate Correctional Facility; HEATH BAKER, Nurse, Upstate Correctional Facility; PATRICK JOHNSTON, former P.A., Upstate Correctional Facility; DAVID ROCK, Superintendent, Upstate Correctional Facility; NANCY SMITH, Administrative Nurse, Upstate Correctional Facility; GEORGE WATERSON, Nurse, Upstate Correctional Facility; and LESTER WRIGHT, Doctor, Defendants. -------------------------------APPEARANCES: OF COUNSEL: JOHNATHAN JOHNSON, Pro Se 89-A-1042 Upstate Correctional Facility P.O. Box 2001 Malone, NY 12953 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants The Capitol Albany, NY 12224 DAVID N. HURD United States District Judge ADELE M. TAYLOR-SCOTT, ESQ. Ass't Attorney General DECISION and ORDER Plaintiff brought this civil rights action pursuant to 42 U.S.C. ยง 1983. On July 5, 2012, the Honorable David E. Peebles, United States Magistrate Judge, advised, by ReportRecommendation, that plaintiff s in forma pauperis status be revoked and that the remaining portion of defendants' motion for summary judgment be held in abeyance pending plaintiff's payment of the required $350 filing fee. Plaintiff timely filed objections to the ReportRecommendation. Based upon a de novo review, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1). Therefore, it is ORDERED that 1. Plaintiff's in forma pauperis status is REVOKED; 2. Plaintiff shall pay the required filing fee within thirty (30) days of the date of this Decision and Order; 3. The substantive portion of defendants' motion for summary judgment, Dkt. No. 42, is held in abeyance; 4. Upon plaintiff's payment of the required filing fee, the matter shall be returned to Magistrate Judge David E. Peebles for consideration of the remaining portions of defendants' motion; and -2- 5. In the event plaintiff fails to pay the statutory $350 filing fee within thirty (30) days, his complaint will be DISMISSED. IT IS SO ORDERED. Dated: July 26, 2012 Utica, New York. -3-
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