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07-631 - Jackson v. Fischer


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07-631 - Jackson v. Fischer
July 21, 2008
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REPORT AND RECOMMENDATIONS that the 22 MOTION to Dismiss for an order revoking plaintiffs IFP status and conditionally dismissing the complaint under the provisions of 28 U.S.C. ยง 1915 subject to the timely payment of the filing fee filed by J. Bennett, Uhler, Upstate Correctional Facility, Donald Selsky, Brian Fischer, Department of Correctional Services, NYS, Robert K. Woods be Granted. RECOMMENDED that plaintiff's IFP status be revoked and his complaint dismissed unless he pays the filing fee. Objections to R&R due by 8/4/2008 ; Case Review Deadline 8/11/2008. Signed by Magistrate Judge Randolph F. Treece on 7/21/08. (rjb, )
September 16, 2008
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ORDER that 24 Report and Recommendations is accepted and adopted. ORDERED that plaintiff's IFP status is REVOKED; plaintiff is directed to pay the $350.00 filing fee within 30 days of the filing date of this Order. Signed by Judge David N. Hurd on 9/15/08. (nas)