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Rodriguez v. Goord

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


September 28, 2009

LARRY RODRIGUEZ, PLAINTIFF,
v.
GLENN S. GOORD; RONALD BACKE, LEGISLATION DEPT.; THOMAS EGAN, DIRECTOR OF GRIEVANCE; BELLING, D.S.S., AUBURN CORRECTIONAL FACILITY; LESTER WRIGHT, CHIEF MEDICAL EXAMINER; JOHN NUTTAL, DEPUTY COMMISSIONER OF PROGRAMS; RICHARD LAUX, P.A., MEDICAL DEPT., AUBURN; HAROLD SMITH, DIRECTOR OF MENTAL HEALTH; AND G. MCPARTLAND, DEFENDANTS.

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

DECISION and ORDER

Plaintiff, Larry Rodriguez, brought this civil rights action pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated July 16, 2009, the Honorable Randolph F. Treece, United States Magistrate Judge, recommended that plaintiff's status as proceeding in forma pauperis be revoked; that plaintiff's amended complaint (Docket No. 5) 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 form the date of the order adopting the report-recommendation, his complaint be dismissed. The plaintiff has timely filed objections to the report-recommendation.

Based upon a careful review of the entire file, including the portions to which the plaintiff has objected, and the recommendations of Magistrate Judge Treece, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. 636(b)(1).

Accordingly, it is

ORDERED that

1. Plaintiff's in forma pauperis status is REVOKED;

2. Plaintiff's amended complaint (Docket No. 5) is CONDITIONALLY DISMISSED until such time as plaintiff has payed the entire $350.00 filing fee;

3. If plaintiff does not submit the $350.00 filing fee within thirty days (30) from the date of this order, the complaint is DISMISSED without further order of this court; and

4. In that event, the Clerk is directed to enter judgment accordingly and close the file.

IT IS SO ORDERED.

20090928

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