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George M. Chavis, 91-A-3261 v. P. Chappius et al

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


September 30, 2011

GEORGE M. CHAVIS, 91-A-3261, PLAINTIFF,
v.
P. CHAPPIUS ET AL., DEFENDANTS.

The opinion of the court was delivered by: H. Kenneth Schroeder, Jr. United States Magistrate Judge

DECISION AND ORDER

By Decision and Order dated May 10, 2007, the Hon. Charles J. Siragusa construed plaintiff's motion to amend his complaint (Dkt. #5), as a motion for reconsideration of the Hon. John T. Elfvin's Memorandum and Order dated October 24, 2006 (Dkt. #4), which denied plaintiff in forma pauperis status because plaintiff has had at least three civil actions or appeals dismissed on the grounds that the actions were frivolous, malicious, or failed to state a claim upon which relief may be granted and because plaintiff's complaint failed to assert claims indicating that he was in imminent danger of serious physical injury. Dkt. #7. Upon consideration of the motion, the Court found no basis for reconsideration and dismissed the complaint for failure to pay the filing fee. Dkt. #7.

The Court of Appeals for the Second Circuit vacated that decision and remanded the case to allow amendment of plaintiff's complaint . Dkt. #11. As a result, plaintiff is directed to file an amended complaint within 30 days of the entry of this Decision and Order.

SO ORDERED.

H. Kenneth Schroeder, Jr.

20110930

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