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Harris v. Fischer

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


June 3, 2008

DUDLEY HARRIS, PLAINTIFF,
v.
FISCHER, COMMISSIONER; SUPT. CORCORAN; MAHER, DEPUTY SUPT. OF SEC.; MR. ROCKER, CAPTAIN; LT. MAUHIR; LT. SIGNOR; EMERSON, SERGEANT; K. STEVENSON, F.O.I.L. OFFICER; A. COSTILLO, SENIOR MAIL CLERK; MR. BUTLER, CORP, MR. PETERS, DENOTO, MR. MOORE, LUZIANI, SAVILLE, AND MR. BROWN, EACH CORRECTIONAL OFFICERS; R. CHAPIN, CAPTAIN, SGT. APPLEBY, T. NAPOLI, GRIEVANCE SUPERVISOR, B. RAWLEIGH, FACILITY MAINTENANCE, DAVID BABIARZ, FACILITY PAROLE OFFICER, HOLLENBECK, CORRECTIONAL COUNSELOR, JOHN BLAKE, CORRECTIONAL OFFICER, EACH OF CAYUGA CORRECTIONAL FACILITY; JAMES LOVELACE, SENIOR INVESTIGATOR; C. RAMSAY, CORRECTIONAL OFFICER, CAYUGA CORRECTIONAL FACILITY; AND NYS DEPT OF CORRECTIONAL SERVICES, DEFENDANTS.

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

DECISION and ORDER

Plaintiff, Dudley Harris, brought this civil rights action pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated April 15, 2008, the Honorable Randolph F. Treece, United States Magistrate Judge, recommended that the complaint be dismissed pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e)(2)(B)(ii); that prior to dismissal of plaintiff's complaint, plaintiff be provided an opportunity to cure the deficiencies of his pleading by filing an amended complaint that complies with the instructions within the Report-Recommendation; and that in the event plaintiff does not file a proper amended complaint, that the action be dismissed. The plaintiff has not filed any objections to the Report-Recommendation; however, he did file an amended complaint on April 29, 2008.

Based upon a careful review of the entire file and the recommendations of Magistrate Judge Treece, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. 636(b)(1).

Accordingly, it is ORDERED that the plaintiff's amended complaint (Docket No. 8) is referred to the Magistrate Judge for review and determination of compliance as directed in the Report-Recommendation.

IT IS SO ORDERED.

20080603

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