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Brown v. Wright

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


February 6, 2008

TREVOR BROWN, ALSO KNOWN AS DALTON BROWN, PLAINTIFF,
v.
DR. LESTER WRIGHT; DR. FREDERICK GRABO; AND JOAN ROSADO, DEPUTY SUPERINTENDENT OF HEALTH CARE AT MOHAWK CORRECTIONAL FACILITY, DEFENDANTS.

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

DECISION AND ORDER

Currently before the Court is Magistrate Judge David R. Homer's January 9, 2008 Report-Recommendation and Order to which no objections have been filed. Having reviewed the Report-Recommendation and the entire file in this matter, the Court hereby

ORDERS, that the Report-Recommendation and Order of Magistrate Judge David R. Homer filed January 9, 2008 is ACCEPTED in its entirety, for the reasons stated therein, and the Court further

ORDERS, that defendants' motion to dismiss (Docket No. 31)is DENIED without prejudice, and the Court further

ORDERS, that on or before July 1, 2008, Brown shall file with the Court a copy of the written consent of the United States Attorney General, or his designee, GRANTING Brown permission to reapply for admission to the United States; and the Court further

ORDERS, that defendants are granted leave to submit a letter requesting dismissal of this action after July 1, 2008, if Brown fails to file a copy of the written consent of the United States Attorney General, or his designee, granting Brown permission to reapply for admission to the Unite States; and the Court further

ORDERS, that upon the filing of the district court's order on this report-recommendation, all further proceedings in this case are STAYED until July 1, 2008 or until further order of the Court.

IT IS SO ORDERED.

20080206

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