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08-200 - Brown v. White


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08-200 - Brown v. White
March 7, 2008
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DECISION and ORDER as to Rodney Brown. IT IS ORDERED, that the New York State Department of Correctional Services is dismissed as a defendant in this action; that plaintiff's in forma pauperis application is granted; that the Clerk shall provide the Superintendent of the facility designated by plaintiff as his current location with a copy of plaintiff's authorization form, and notify the official that plaintiff is required to pay the entire statutory filing fee of $350.00 pursuant to 28 U.S.C. ยง 1915 to the Northern District of New York; that the Clerk provide a copy of plaintiff's authorization form to the Financial Deputy of the Clerk's Office; that plaintiff file with the Court within thirty (30) days from the date of the filing of this Order, an amended complaint which complies fully with the terms of this Order as detailed above; that if plaintiff fails to file such an amended complaint within thirty (30) days from the date of the filing of this Order, this action may be dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure; that plaintiffs motion for appointment of counsel (Dkt. No. 4) is denied without prejudice. Any future motion for appointment of counsel must be accompanied by documentation that substantiates plaintiff's efforts to obtain counsel from the public and private sector. ( Date Served 3/7/2008, Notice of Compliance Deadline 4/7/2008, Case Review Deadline 5/6/2008). Signed by Judge Gary L. Sharpe on 3/7/2008. (jel, )
February 18, 2010
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REPORT AND RECOMMENDATION: RECOMMENDED that defendant White's 44 MOTION for Summary Judgment be GRANTED and the complaint DISMISSED IN ITS ENTIRETY. Objections to R&R due by 3/4/2010 Case Review Deadline 3/11/2010. Signed by US Magistrate Judge Andrew T. Baxter on 2/18/10. (Report and Recommendation served on plaintiff by regular mail)(alh, )
March 15, 2010
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ORDER: ORDERED, that the 51 Report-Recommendation is ACCEPTED in its entirety. ORDERED, that defendant White's 44 Motion for Summary Judgment is GRANTED and the complaint is DISMISSED IN ITS ENTIRETY. ORDERED, that the Clerk enter judgment in favor of the defedant against the plaintiff. Signed by Judge Gary L. Sharpe on 3/15/10. (Attachments: # (1) Report-Recommendation) (Order with Report-Recommendation served on plaintiff by regular mail)(alh, )