Opinion
9:10-CV-1082
07-26-2012
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.
JOHNATHAN JOHNSON, Pro Se 89-A-1042 Upstate Correctional Facility HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants OF COUNSEL: ADELE M. TAYLOR-SCOTT, ESQ. Ass't Attorney General
APPEARANCES:
JOHNATHAN JOHNSON, Pro Se
89-A-1042
Upstate Correctional Facility
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendants
OF COUNSEL:
ADELE M. TAYLOR-SCOTT, ESQ.
Ass't Attorney General
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. Dated: July 26, 2012
Utica, New York.
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United States District Judge