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16-048 - YATES v. JACKSON COUNTY JUVENILE DETENTION CENTER


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16-048 - YATES v. JACKSON COUNTY JUVENILE DETENTION CENTER
January 25, 2017
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ENTRY on Defendant's Partial Motion to Dismiss - The Court GRANTS Jackson County's Partial Motion to Dismiss (Filing No. 9). Because it may be possible that Yates might have a viable cause of action under some set of facts on his claim for wrongful termination, Yates pro se claim for wrongful termination is dismissed without prejudice. Yates shall have until February 24, 2017, to amend his complaint asserting sufficient factual support of his claim against Jackson County for wrongful termination; or to show cause why Judgment consistent with this Entry should not issue. See Luevano v. Wal-Mart Stores, Inc., 722 F.3d 1014, 1022 (7th Cir. 2013) ("Without at least an opportunity to amend or to respond to an order to show cause, an IFP applicant's case could be tossed out of court without giving the applicant any timely notice or opportunity to be heard to clarify, contest, or simply request leave to amend."). If filed, any amended complaint will become the operative complaint and should include the claim for sexual harassment. However, any amended complaint should not include a claim for ethics violations because that claim has been dismissed with prejudice. See Entry for details. Copy sent to plaintiff via US mail. Signed by Judge Tanya Walton Pratt on 1/25/2017. (MAT)