UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
July 26, 2012
JOHNATHAN JOHNSON, PLAINTIFF,
ADAMS, DOCTOR, UPSTATE CORRECTIONAL FACILITY; HEATH BAKER, NURSE, UPSTATE CORRECTIONAL FACILITY; PATRICK JOHNSTON, FORMER P.A., UPSTATE CORRECTIONAL FACILITY; DAVID ROCK, SUPERINTENDENT, UPSTATE CORRECTIONAL FACILITY; NANCY SMITH, ADMINISTRATIVE NURSE, UPSTATE CORRECTIONAL FACILITY; GEORGE WATERSON, NURSE, UPSTATE CORRECTIONAL FACILITY; AND LESTER WRIGHT, DOCTOR, 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 July 5, 2012, the Honorable David E. Peebles, United States Magistrate Judge, advised, by Report-Recommendation, that plaintiff's in forma pauperis status be revoked and that the remaining portion of defendants' motion for summary judgment be held in abeyance pending plaintiff's payment of the required $350 filing fee. Plaintiff timely filed objections to the Report-Recommendation.
Based upon a de novo review, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1).
Therefore, it is
1. Plaintiff's in forma pauperis status is REVOKED;
2. Plaintiff shall pay the required filing fee within thirty (30) days of the date of this Decision and Order;
3. The substantive portion of defendants' motion for summary judgment, Dkt. No.
42, is held in abeyance;
4. Upon plaintiff's payment of the required filing fee, the matter shall be returned to Magistrate Judge David E. Peebles for consideration of the remaining portions of defendants' motion; and
5. In the event plaintiff fails to pay the statutory $350 filing fee within thirty (30) days, his complaint will be DISMISSED.
IT IS SO ORDERED.
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