United States District Court, N.D. New York
October 29, 2014
GREGORY HARVEY, Plaintiff,
DAVID A. JALONAK, Postmaster, Utica, New York, Defendant.
GREGORY HARVEY, Plaintiff Pro Se, Sing Sing Correctional Facility, Ossining, New York, for Plaintiff.
GARY L. SHARPE, Chief Magistrate Judge.
The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge Andrew T. Baxter, duly filed October 2, 2014. Following fourteen days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.
No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby
ORDERED that the Report-Recommendation of Magistrate Judge Andrew T. Baxter filed October 2, 2014 (Dkt. No. 8) is ACCEPTED in its entirety for the reasons stated therein; and it is further
ORDERED that plaintiff's motion to proceed IFP (Dkt. No. 2) is DENIED based on plaintiff's accumulation of three strikes under 28 U.S.C. § 1915(g); and it is further
ORDERED that this action is DISMISSED, unless plaintiff pays the $400.00 filing fee in full within thirty (30) days of this order; and it is further
ORDERED that if plaintiff pays the filing fee, the Clerk is directed to return the complaint to the court for further review, and if plaintiff does not pay the filing fee or request an extension of time to do so, the complaint be dismissed without further order of the court; and it is further
ORDERED that the Clerk provide a copy of this Order to the parties in accordance with the local rules.
IT IS SO ORDERED.