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17-3115 - Kanatzar v. Cole et al


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17-3115 - Kanatzar v. Cole et al
December 1, 2017
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MEMORANDUM AND ORDER ENTERED: The plaintiff is granted 30 days in which to file a complete Amended Complaint upon court-approved forms that cures all the pleading deficiencies, that omits all of the claims dismissed, and that includes all of the plaintiff's remaining claims from the original complaint and the motion to amend which he still intends to pursue. Plaintiff shall file within this same 30-day period a response that shows cause why his remaining claims alleged in his complete Amended Complaint should not be dismissed. Signed by U.S. Senior District Judge Sam A. Crow on 12/01/17. Mailed to pro se party Caleb Kanatzar by regular mail. (smnd)
March 9, 2018
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MEMORANDUM AND ORDER ENTERED: Counts two and three of the plaintiff's amended complaint are dismissed for failure to state a claim upon which relief can be granted, and the defendant Rucker who was named as a defendant on only these two counts is dismissed as a party. The clerk of the court shall prepare waiver of service forms for Brian Cole, Director of SCDC; Timothy Phelps, Major of SCDC; and Mary Fletcher, Food Service Supervisor of SCDC, pursuant to Rule 4(d) of the Federal Rules of Civil Procedure, to be served upon them at no cost to plaintiff. The report required herein shall be filed no later than sixty (60) days from the date of this order, unless the time is extended by the Court. The answer or other responsive pleading shall be filed within thirty (30) days after the Martinez report is filed. Officials responsible for the operation of the SCDC, namely Director Brian Cole, are directed to undertake a review of the subject matter of the amended complaint and specifically the allegations in count one. See Memorandum and Order for details. Signed by U.S. District Senior Judge Sam A. Crow on 03/09/18. Mailed to pro se party Caleb Kanatzar by regular mail. (smnd)