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Brandon Mcfadden v. Scott Herman

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


January 12, 2011

BRANDON MCFADDEN, PLAINTIFF,
v.
SCOTT HERMAN, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Thomas J. McAVOY, Senior United States District Judge

DECISION & ORDER

This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. Andrew T. Baxter, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).No objections to the Report-Recommendation dated October 4, 2010 have been filed, and the time to do so has expired. Furthermore, after examining the record, this Court has determined that the Report-Recommendation and Order is not subject to attack for plain error or manifest injustice. Accordingly, the Court adopts the Report-Recommendation for the reasons stated therein.

It is therefore, ORDERED that Defendants' Motion pursuant to 28 U.S.C. § 1915(g), seeking to revoke Plaintiff's in forma pauperis status and conditionally dismiss the case (Dkt. No. 18) is DENIED.

IT IS SO ORDERED

20110112

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