UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
September 18, 2008
GURDIP SINGH, PLAINTIFF,
THE MENTAL HEALTH DEPARTMENT OF ATTICA CORRECTIONAL FACILITY; AND GREAT MEADOW CORRECTIONAL FACILITY, DEFENDANTS.
The opinion of the court was delivered by: Norman A. Mordue, Chief Judge
The above matter comes to me following a Report-Recommendation by Magistrate Judge George H. Lowe, duly filed on the 28th day of August 2008. Following ten days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.
After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is
1. The Report-Recommendation is hereby adopted in its entirety.
2. Plaintiff's complaint (Dkt. No. 1) is dismissed pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii), 1915A, and Fed. R. Civ. P. 12(h)(3) unless (1) on or before October 20, 2008 plaintiff pays the Court's filing fee of three-hundred fifty dollars ($350) AND (2) files an Amended Complaint that states a claim upon which relief might be granted (and states a claim against a Defendant over whom the court has subject-matter jurisdiction).
3. Plaintiff's motion to proceed in forma pauperis (Dkt. No. 2) is denied without prejudice.
4. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.
IT IS SO ORDERED.
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