UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
November 24, 2008
KEVIN MARTIN, PLAINTIFF,
GLENN S. GOORD, COMMISSIONER, NYS DOCS; JOHN H. NUTTALL, DEPUTY COMMISSIONER FOR PROGRAM SERVICE; JAMES V. GRANGER, DIRECTOR OF GUIDANCE AND COUNSELING; THERESA KNAPP-DAVID, DIRECTOR OF CLASSIFICATION AND MOVEMENT; THOMAS EAGAN, DIRECTOR OF INMATE GRIEVANCE PROGRAM; ET AL., DEFENDANTS.
The opinion of the court was delivered by: David N. Hurd United States District Judge
Plaintiff, Kevin Martin, brought this civil rights action pursuant to 42 U.S.C. § 1983. In a Report Recommendation dated August 21, 2008, the Honorable Randolph F. Treece, United States Magistrate Judge, recommended that plaintiff's in forma pauperis status be revoked; that plaintiff's complaint be conditionally dismissed; and that if plaintiff does not pay the $350.00 filing fee within thirty days from the date of the final order adopting the report- recommendation, that his complaint be dismissed. The plaintiff has filed timely objections to the Report Recommendation.
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 in forma pauperis status is REVOKED;
2. If plaintiff does not submit the entire filing fee of $350.00 within thirty days from the date of this order, the complaint will be DISMISSED without further order;
3. The plaintiff's motion for summary judgment (Docket No. 78) is terminated. However, if the plaintiff pays the required filing fee, the Clerk is directed to reinstate plaintiff's motion and re-notice a deadline for defendants' response.
IT IS SO ORDERED.
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