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Johnathan Johnson v. Adams

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


July 26, 2012

JOHNATHAN JOHNSON, PLAINTIFF,
v.
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

ORDERED that

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.

20120726

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