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14-3227 - Chubb v. Brownback et al


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14-3227 - Chubb v. Brownback et al
September 27, 2016
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ORDER TO SHOW CAUSE ENTERED: The court orders plaintiff to file a written response, within 21 days from the filing date of this Order, explaining why the court should not dismiss his claims against Governor Sam Brownback, Kansas Attorney General Derek Schmidt, Shawn Sullivan, former Secretary of the Kansas Department of Aging and Disability Services, Kimberly M.J. Lynch, Corrine E. Johnson and Brenda West Hagerman, and his 18 U.S.C. 241, 18 U.S.C. 1001, 42 U.S.C. 1981, and equal protection claims against all defendants for failure to state a claim, as Magistrate Judge Waxse recommended in his September 23, 2015 order 6. If plaintiff does not file a timely response, the court will enter an order adopting Judge Waxse's recommendations and dismissing the claims and defendants identified here. Signed by District Judge Daniel D. Crabtree on 09/27/16. Mailed to pro se party Michael R. Chubb by regular mail. (smnd)
September 27, 2016
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ORDER TO SHOW CAUSE ENTERED: Plaintiff must file a notice with the court providing the current address of defendants Clifford Voelker, John Reid, and Megan Brabb within 45 days from the date of this order. Failing to provide these addresses will result in dismissal of plaintiff's Complaint against these defendants consistent with Rule 4(m). Signed by District Judge Daniel D. Crabtree on 09/27/16. Mailed to pro se party Michael R. Chubb by regular mail. (smnd)
September 28, 2016
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MEMORANDUM AND ORDER ENTERED: Defendants' Motion to Strike Plaintiff's Surreply 35 is granted. Plaintiff's Motion for Leave to Amend Reply 36 is granted. Defendant's Motion to Dismiss 26 is granted in part. The court grants defendants' motion to dismiss plaintiff's official-capacity and individual-capacity claims, but denies defendants' motion to dismiss plaintiff's pendent state-law claims at this time. Should plaintiff fail to show cause why the court should not dismiss his remaining federal claims, defendants' may renew their motion to dismiss plaintiff's state-law claims. Plaintiff's Request for Judicial Notice 37 is denied. Signed by District Judge Daniel D. Crabtree on 09/28/16. Mailed to pro se party Michael R. Chubb by regular mail. (smnd)