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15-324 - McClure v. Lincoln County Idaho et al


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15-324 - McClure v. Lincoln County Idaho et al
February 22, 2016
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REPORT AND RECOMMENDATIONS - The Court recommends that Plaintiff's 27 First MOTION to Amend/Correct for Leave to Amend to Include Claims for Punitive Damages filed by Rayburn McClure be GRANTED in part and DENIED in part; and Defendants' 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lincoln County Board of Commissioners, Lincoln County Idaho, Cresley McConnell, Roy Hubert, be GRANTED in part and DENIED in part. Objections to R&R due by 3/10/2016. Signed by Judge Candy W. Dale. (klw)
March 31, 2016
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ORDER ON REPORT AND RECOMMENDATIONS It is hereby ORDERED that the Report and Recommendation entered on 2/22/16 (Dkt. 35) is ADOPTED IN PART AND REJECTED IN PART as follows: 1) The Defendant's Motion to Partially Dismiss (Dkt. 10) is GRANTED IN PART AND DENIED IN PART as stated in the Report and Recommendation except as to the Fourth Claim which is dismissed in its entirety. 2) The Plaintiff's Motion for Leave to Amend to Include Claims for Punitive Damages (Dkt. 27) is GRANTED as to the federal claims and DENIED WITHOUT PREJUDICE as to the Idaho state claims. Plaintiff shall file his Third Amended Complaint in accordance with the ruling articulated in the Report and Recommendation on or before 4/7/16.. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)