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Resto v. Weissmane

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


August 25, 2008

ALBERTO RESTO, PLAINTIFF,
v.
WEISSMANE, DOCTOR, UPSTATE C.F.; N. SMITH, NURSE ADMINISTRATOR, UPSTATE C.F., CHESSBOARD,REGISTERED NURSE, UPSTATE C.F., WALSH, REGISTERED NURSE, UPSTATE C.F., DEFENDANTS.

DECISION AND ORDER

This matter comes before the Court following a Report-Recommendation filed on June 2, 2008 by the Honorable George H. Lowe, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3 of the Northern District of New York. Report-Rec. (Dkt. No. 6). After ten days from the service thereof, the Clerk has sent the entire file to the undersigned, including the objections by Plaintiff Alberto Resto, which were filed on June 17, 2008. Objections (Dkt. No. 8).*fn1

It is the duty of this Court to "make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b). "A [district] judge... may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id. This Court has considered the objections and has undertaken a de novo review of the record and has determined that the Report-Recommendation should be approved for the reasons stated therein.

Accordingly, it is hereby

ORDERED, that the Report-Recommendation (Dkt. No. 6) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED, that Plaintiff's Motion to proceed in forma pauperis (Dkt. No. 2) is DENIED without prejudice; and it is further

ORDERED, that Plaintiff's Complaint (Dkt. No. 1) will be DISMISSED without further action of this Court if Plaintiff does not, within THIRTY (30) DAYS of the date of this Order, both:

(1) Either (a) pay the Court's filing fee of three hundred fifty dollars ($350) or (b) file a completed motion for leave to proceed in forma pauperis; AND (2) File an Amended Complaint that complies with Fed. R. Civ. P. 8(a)(2), 10(b), and 12(b)(6); and it is further

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

IT IS SO ORDERED.


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