Flemming v. Goord

Full title: WOODROW FLEMMING, Plaintiff, v. GLENN GOORD, Commissioner; DONALD SELSKY…

Court: United States District Court, N.D. New York

Date published: Oct 16, 2007

9:06-CV-562 (N.D.N.Y. Oct. 16, 2007)

Opinion

9:06-CV-562.

October 16, 2007

WOODROW FLEMMING, No. 03-A-5259, Upstate Correctional Facility, Malone, New York, Plaintiff Pro Se.

HON. ANDREW M. CUOMO, New York State Attorney General, DAVID L. COCHRAN, ESQ., Assistant Attorney General, Albany, New York, Attorney for Defendants.

ORDER

NORMAN MORDUE, District Judge

The above matter comes to me following a Report-Recommendation by Magistrate Judge David R. Homer, duly filed on the 24^th day of September, 2007. Following ten days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.

After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is

ORDERED, that:

The Report-Recommendation is hereby approved. The defendants' motion (Docket No. 27) is granted and that:

1. The order granting Flemming's IFP status (Docket No. 5) is vacated;

2. The complaint is dismissed as to all defendants and all claims unless Flemming pays the filing fee of $250.00 on or before November 16, 2007; and

3. Flemming is barred from filing any IFP complaints in this district unless he is under imminent danger of serious physical injury.

4. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.

IT IS SO ORDERED.