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08-543 - McShan v. Dynamis Educational Systems Inc. (MAG+)


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08-543 - McShan v. Dynamis Educational Systems Inc. (MAG+)
October 1, 2008
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REPORT AND RECOMMENDATIONS that defendant's 9 MOTION to Dismiss be GRANTED, and that Plaintiff's Complaint, as amended, be DISMISSED without prejudice because Plaintiff has failed to state a claim for which relief can be granted. Objections to R&R due by 10/14/2008. Signed by Honorable Wallace Capel, Jr on 10/1/2008. (cc, )
October 17, 2008
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ORDER that plaintiff's 14 Objection to the Recommendation of the Magistrate Judge is overruled; the 13 REPORT AND RECOMMENDATION is adopted; Defendant's 9 Motion to Dismiss is GRANTED, and that plaintiff's complaint, as amended, is DISMISSED without prejudice because the plaintiff has failed to state a claim for which relief can be granted. Signed by Hon. Chief Judge Mark E. Fuller on 10/17/2008. (dmn)
October 17, 2008
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FINAL JUDGMENT: It is ORDERED and ADJUDGED that judgment is entered in favor of defendant Dynamis Educational Systems Inc. and against the plaintiff Brenda McShan and that this action is dismissed without prejudice. The clerk of the court is directed to enter this document on the civil docket as a final judgment pursuant to FRCP 58. Signed by Hon. Chief Judge Mark E. Fuller on 10/17/2008. (Attachments: #(1) Civil Appeals Checklist)(dmn)