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Jackson v. Fischer

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


September 15, 2008

ANTHONY JACKSON, PLAINTIFF,
v.
BRIAN FISCHER, COMMISSIONER, DEPARTMENT OF CORRECTIONAL SERVICES; DEPARTMENT OF CORRECTIONAL SERVICES, NYS; DONALD SELSKY, DIRECTOR, SPECIAL HOUSING, INMATE DISCIPLINARY PROGRAM; ROBERT K. WOODS, SUPERINTENDENT, UPSTATE CORRECTIONAL FACILITY; J. BENNETT, CORRECTIONAL OFFICER, UPSTATE CORRECTIONAL FACILITY; UHLER, CAPTAIN, UPSTATE CORRECTIONAL FACILITY; AND UPSTATE CORRECTIONAL FACILITY, DEFENDANTS.

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

ORDER

Plaintiff, Anthony Jackson, brought this civil rights action pursuant to 42 U.S.C. § 1983. In a Report Recommendation dated July 21, 2008, the Honorable Randolph F. Treece, United States Magistrate Judge, recommended that plaintiff's IFP status be revoked because plaintiff has brought on actions on three or more occasions which have been dismissed under 28 U.S.C. § 1915(g), and because he has not alleged in this action that he is in imminent danger of serious physical injury; that plaintiff's amended complaint (Docket No. 7) be conditionally dismissed until such time as plaintiff has payed the entire $350.00 filing fee; and that if plaintiff does not submit the $350.00 filing fee within thirty days from the date of the order adopting or rejecting the report-recommendation, his complaint be dismissed. 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. Plaintiff's IFP status is REVOKED;

2. Plaintiff's amended complaint (Docket No. 7) is CONDITIONALLY DISMISSED until such time as plaintiff has payed the entire $350.00 filing fee; and

3. In the event plaintiff does not submit the $350.00 filing fee within thirty (30) days from the date of this order the complaint is DISMISSED.

4. The Clerk is directed to enter judgment accordingly.

IT IS SO ORDERED.

20080915

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