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Williams v. Goord

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 29, 2007

DEANDRE TAHARKA DAVID WILLIAMS, PLAINTIFF,
v.
MR. GOORD, ET AL., DEFENDANTS.

DECISION AND ORDER

This matter comes before the Court following a Report-Recommendation filed on March 2, 2007, by the Honorable David E. Peebles, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 35).

Within ten days, excluding weekends and holidays, after a party has been served with a copy of a Magistrate Judge's Report-Recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations," FED. R. CIV. P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to Judge Peebles's Report-Recommendation. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice.

Accordingly, it is hereby

ORDERED, that the Report-Recommendation (Dkt. No. 35) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED, that the Order granting Plaintiff in forma pauperis status (Dkt. No. 5) is VACATED; and it is further

ORDERED, that Defendants' Motion to dismiss (Dkt. No. 28) is GRANTED as to all Defendants and all claims unless Plaintiff pays the full filing fee of $250.00 WITHIN THIRTY DAYS after the entry of this Order; and it is further

ORDERED, that Plaintiff's Motion for preliminary injunction (Dkt. No. 21) is DENIED WITHOUT PREJUDICE TO RENEW in the event that the required filing fee is paid; and it is further

ORDERED, that the Clerk serve a copy of this Order on all parties.

IT IS SO ORDERED.

20070329

© 1992-2007 VersusLaw Inc.



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