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Gamble v. Maynard

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


January 14, 2008

KEVIN GAMBLE, PLAINTIFF,
v.
PATRICK MAYNARD, PRISON GUARD; SERGEANT SILVER; DONAH, PRISON GUARD; A. BABBIE, PRISON GUARD, AND S. MILLER, PRISON GUARD, EACH OF CLINTON CORRECTIONAL FACILITY, DEFENDANTS.

The opinion of the court was delivered by: David N. Hurd United States District Judge

ORDER

Plaintiff, Kevin Gamble, brought this civil rights action pursuant to 42 U.S.C. § 1983. In a Report Recommendation dated November 2, 2007, the Honorable David E. Peebles, United States Magistrate Judge, recommended that the order granting the plaintiff IFP status be vacated; and that defendants' motion to dismiss plaintiff's complaint be granted as to all defendants and all claims unless plaintiff pays the full required filing fee of $350.00 within thirty days after entry of the final order by the district judge addressing the recommendation. Objections to the Report Recommendation have been filed by the plaintiff.

Based upon a de novo review of the portions of the Report-Recommendation to which the plaintiff has objected, the Report-Recommendation is accepted and adopted. See 28 U.S.C. 636(b)(1).

Accordingly, it is ORDERED that

1. The order (Docket No. 4) granting the plaintiff IFP status is VACATED;

2. Defendants' motion to dismiss plaintiff's complaint is GRANTED as to all defendants and all claims unless the plaintiff pays the required filing fee of $350.00, in full, within thirty days after entry of this order;

2. In the event the plaintiff fails to pay the necessary filing fee of $350.00 within the required time period, the complaint will be DISMISSED in all respects without further order; and

3. The Clerk is directed to enter judgment accordingly.

IT IS SO ORDERED.

20080114

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