UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
January 12, 2011
BRANDON MCFADDEN, PLAINTIFF,
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
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