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15-956 - Freeman v. Taylor(MAG+)


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15-956 - Freeman v. Taylor(MAG+)
November 8, 2016
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REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE that the Defendant's 15 Motion to Dismiss Amended Complaint be DENIED and this case be referred back for additional proceedings. Objections to R&R due by 11/23/2016. Signed by Honorable Judge Terry F. Moorer on 11/8/2016. (dmn, )
December 8, 2016
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OPINION AND ORDER: It is ORDERED as follows: (1) The 21 Recommendation of the United States Magistrate Judge is adopted. (2) The 15 Motion to Dismiss is denied. It is further ORDERED this case is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 12/8/2016. (Attachments: # (1) Civil Appeals Checklist)(dmn, )
January 10, 2017
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JUDGMENT: Upon consideration of plaintiffs request for voluntary dismissal (doc. no. 28), which the court construes as a motion for dismissal pursuant to FRCP 41(a)(2), it is the ORDER, JUDGMENT and DECREE of the court that the motion is granted, and this case is dismissed in its entirety without prejudice, with no costs taxed. All pending motions are denied as moot. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58. This case is closed. Signed by Honorable Judge Myron H. Thompson on 1/10/2017. (Attachments: # (1) Civil Appeals Checklist)(dmn, )