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14-8240 - Miller v. United States Department of the Interior et al


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14-8240 - Miller v. United States Department of the Interior et al
May 21, 2015
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ORDER that Defendant Starcrest's Motion to Dismiss Under Federal Rule of Civil Procedure 12(b)(1) and 12(b)(6) (Doc. 19) is denied to the extent it seeks dismissal under Rooker-Feldman. FURTHER ORDERED that Miller file a response to the remaining portions of Starcrest's Motion no later than 06/08/15. Starcrest may file a reply no more than ten days after the submission of Miller's response. See order for details. Signed by Judge Neil V. Wake on 5/21/15. (NKS)
September 11, 2015
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ORDER that the Federal Defendants' Motion to Dismiss (Doc. 18) for lack of subject matter jurisdiction is denied. FURTHER ORDERED that Defendant Starcrest's Motion to Dismiss (Doc. 19) is denied as to subject matter jurisdiction and granted as to failure to state a claim upon which relief can be granted. FURTHER ORDERED that Plaintiff's complaint is dismissed for failure to comply with the pleading rules. Fed. R. Civ. P. 8(a) and 8(d). FURTHER ORDERED that Plaintiff may file an amended complaint by 09/26/15. If he fails to file an amended complaint by then, this action will be dismissed with prejudice without further notice. FURTHER ORDERED that Plaintiff's Emergency Motion to Prevent Death of Livestock (Doc. 29) is denied without prejudice to filing a later motion if warranted by the allegations of an amended complaint. See order for details. Signed by Judge Neil V. Wake on 9/11/15. (NKS)
April 6, 2016
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ORDER that the Federal Defendants' Motion to Dismiss (Doc. 48) is granted. FURTHER ORDERED, pursuant to the Court's order to show cause (Doc. 46 at 2), that Plaintiff's Amended Complaint (Doc. 41) is dismissed. FURTHER ORDERED that Plaintiff has leave until 04/29/16, to file one further amended complaint. No further leave will be granted. If Plaintiff fails to file a further amended complaint by then or if the further amended complaint fails to state a claim upon which relief can be granted, this action will be dismissed with prejudice. See order for details. Signed by Judge Neil V. Wake on 4/6/16. (NKS)