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Harold E. Jackson v. andrea Evans; Brian Fischer; and andrew

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


November 7, 2011

HAROLD E. JACKSON, PLAINTIFF,
v.
ANDREA EVANS; BRIAN FISCHER; AND ANDREW CUOMO, DEFENDANTS.

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

DECISION and ORDER

Plaintiff brought this civil rights action pursuant to 42 U.S.C. § 1983. On September 29, 2011, the Honorable George H. Lowe, United States Magistrate Judge, advised, by Report-Recommendation, that: (1) the Clerk be directed to enter judgment dismissing this action, without prejudice, if plaintiff fails to pay the full filing fee within thirty (30) days of the date of the Report-Recommendation; (2) plaintiff's motion for injunctive relief, Dkt. No. 5, be denied without prejudice to renew; and (3) plaintiff's motion for summary judgment, Dkt. No. 7, be denied without prejudice to renew. No objections to the Report-Recommendation were filed.*fn1

Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1).

Accordingly, it is

ORDERED that

1. Plaintiff's motion for injunctive relief is DENIED without prejudice;

2. Plaintiff's motion for summary judgment is DENIED without prejudice; and

3. Plaintiff's complaint is DISMISSED without prejudice after failing to pay the full filing fee within thirty (30) days of the September 29, 2011, Report-Recommendation.

IT IS SO ORDERED.


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