-GHL Jackson v. Evans et al, No. 9:2011cv00128 - Document 13 (N.D.N.Y 2011)

Court Description: DECISION AND ORDER: Plaintiff brought this civil rights action pursuant to 42 U.S.C. § 1983. On September 29, 2011, the Honorable George H. Lowe, United States Magistrate Judge, advised, by Report-Recommendation, that: (1) the Clerk be directed to enter judgment dismissing this action, without prejudice, if plaintiff fails to pay the full filing fee within thirty (30) days of the date of the Report-Recommendation; (2) plaintiff's motion for injunctive relief, Dkt. No. 5 , be denied wi thout prejudice to renew; and (3) plaintiff's motion for summary judgment, Dkt. No. 7 , be denied without prejudice to renew. No objections to the Report-Recommendation were filed. Based upon a careful review of the entire file and the recommen dations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that 1. Plaintiff's motion for injunctive relief is DENIED without prejudice; 2. Plaintiff's motion for sum mary judgment is DENIED without prejudice; and 3. Plaintiff's complaint is DISMISSED without prejudice after failing to pay the full filing fee within thirty (30) days of the September 29, 2011, Report- Recommendation. Signed by Judge David N. Hurd on 11/7/2011. (ptm) (Copy servedon plaintiff by regular mail at last known address.)