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Gill v. Pidlypchak

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


December 19, 2006

ANTHONY G. GILL, PLAINTIFF,
v.
CHRIS PIDLYPCHAK, CORRECTION OFFICER AND T.G. DYGERT, CORRECTION OFFICER, DEFENDANTS.

The opinion of the court was delivered by: Frederick J. Scullin, Jr., S.J.

DECISION AND ORDER

The above-captioned matter having been presented to me by the Report-Recommendation of Magistrate Judge Randolph F. Treece filed November 20, 2006 and the Court having reviewed the Report-Recommendation and the entire file in this matter, and no objections to said Report-Recommendation having been filed, it is hereby

ORDERED, that the Report-Recommendation of Magistrate Judge Randolph F. Treece filed November 20, 2006 is ACCEPTED in its entirety, for the reasons stated therein; and it is further

ORDERED, that the Order granting Gill's IFP status is VACATED; and it is further

ORDERED, that Defendants' Letter-Motion seeking dismissal of Gill's Complaint pursuant to 28 U.S.C. § 1915(g) is GRANTED unless Gill pays the filing fee of $150.00 within thirty days of this final order.

IT IS SO ORDERED.

20061219

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