This matter comes before the Court following a Report-Recommendation filed on August 28, 2008 by the Honorable David R. Homer, 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. 40). After ten days from the service thereof, the Clerk has sent the entire file to the undersigned, including the objections by Plaintiff Pettus, which were filed on September 9, 2008. Objections (Dkt. No. 41).
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. 40) is APPROVED and ADOPTED in its ENTIRETY; and it is further
ORDERED, that Defendants' Motion to dismiss (Dkt. No. 25) is GRANTED; and it is further
ORDERED, that the Order granting Pettus IFP status (Dkt. No. 4) is VACATED; and it is further
ORDERED, that Plaintiff's Complaint (Dkt. No. 1) is DISMISSED as to all Defendants and claims unless Plaintiff pays the filing fee of $250.00 within thirty (30) days of the date of this Order; and it is further
ORDERED, that Plaintiff Pettus is BARRED from filing any IFP complaints in this District unless he is under imminent danger of serious physical injury; and it is further
ORDERED, that Pettus' cross-Motion for summary judgment (Dkt. No. 30) is DENIED in its entirety without prejudice; and it is further
ORDERED, that the Clerk serve a copy of this Order on all parties.
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