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Avent v. Fisher

United States District Court, N.D. New York
Nov 20, 2008
9:07-CV-1135 (DNH) (GHL) (N.D.N.Y. Nov. 20, 2008)

Summary

noting that "unless the prospect of . . . a future assault" threatened after a physical assault "is so specific and/or likely as to be deemed real, such an allegation will not suffice to allege an 'imminent danger' on the date of filing"

Summary of this case from Antrobus v. Dapecevic

Opinion

9:07-CV-1135 (DNH) (GHL).

November 20, 2008

REUBEN AVENT, Plaintiff, pro se, 01-A-5796, Auburn Correctional Facility, Auburn, NY.


ORDER


Plaintiff, Reuben Avent, brought this civil rights action pursuant to 42 U.S.C. § 1983. In a Report Recommendation dated September 30, 2008, the Honorable George H. Lowe, United States Magistrate Judge, recommended that plaintiff's in forma pauperis status be revoked as having been improvidently granted; that the complaint be dismissed if within thirty (30) days of the date of the final order on the report-recommendation he has not paid the required filing fee of $350.00. The plaintiff has filed timely objections to the Report Recommendation.

Based upon a de novo review of the portions of the Report-Recommendation to which the plaintiff has objected, the Report-Recommendation is accepted and adopted. See 28 U.S.C. 636(b)(1).

Accordingly, it is

ORDERED that

1. Plaintiff's in forma pauperis status is REVOKED;

2. Plaintiff's complaint is DISMISSED; however if plaintiff pays the required filing fee of $350.00 in full within thirty (30) days of the date of this order, the complaint will be reinstated and the action may move forward;

3. If plaintiff fails to pay the required filing fee within thirty days, the Clerk is instructed to file judgment accordingly and close the file.

IT IS SO ORDERED.


Summaries of

Avent v. Fisher

United States District Court, N.D. New York
Nov 20, 2008
9:07-CV-1135 (DNH) (GHL) (N.D.N.Y. Nov. 20, 2008)

noting that "unless the prospect of . . . a future assault" threatened after a physical assault "is so specific and/or likely as to be deemed real, such an allegation will not suffice to allege an 'imminent danger' on the date of filing"

Summary of this case from Antrobus v. Dapecevic
Case details for

Avent v. Fisher

Case Details

Full title:REUBEN AVENT, Plaintiff, v. BRIAN FISHER; THOMAS EAGEN; GOORD; DALE ARTUS…

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

Date published: Nov 20, 2008

Citations

9:07-CV-1135 (DNH) (GHL) (N.D.N.Y. Nov. 20, 2008)

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