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08-21250 - Holloway v. Bizzarro et al


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08-21250 - Holloway v. Bizzarro et al
May 12, 2008
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PRELIMINARY REPORT OF MAGISTRATE JUDGE. Recommending 1. The Complaint proceed against the defendant Bizzarro in his individual capacity. 2.The defendant Ryan be dismissed as a party to this action pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) for failure to state a claim upon which relief can be granted. Objections to R&R due by 5/27/2008.Signed by Magistrate Judge Patrick A. White on 05/12/08.(tw)
June 27, 2008
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REPORT AND RECOMMENDATION that the Motion to Dismiss [DE# 11] be granted as to the argument that the Complaintis barred by 42 U.S.C. §1997e(e). The Undersigned expresses no opinion as to the argument that the defendants attached exhibit demonstrates that the plaintiff has failed to state a claim for relief. It is further recommended that the Complaint be dismissed without prejudice, allowing the plaintiff to amend his request for damages or bring his claims after he is released from custody (if the applicable statute of limitations permits) at which time 42U.S.C. §1997e(e) would be inapplicable. Objections to R&R due by 7/17/2008. Signed by Magistrate Judge Patrick A. White on 06/27/08. (tw)