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17-40042 - Hines v. Hervey, et al


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17-40042 - Hines v. Hervey, et al
March 26, 2018
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Magistrate Judge David H. Hennessy: ORDER entered finding as moot 39 MOTION to continue with complaint by Albert J. Hines; finding as moot 41 Motion to Appoint Counsel; finding as moot 11 Motion to Appoint Counsel ; granting 19 Motion to Dismiss for Failure to State a Claim; granting 22 Motion to Dismiss for Failure to State a Claim; denying 25 Motion for Hearing; denying 28 Motion to Amend; denying 30 Motion for Hearing; denying 35 Motion to Amend. "I ORDER that the motions to dismiss (Dockets #19 and 22) be ALLOWED. The complaint is DISMISSED WITH PREJUDICE with respect to Defendant Desmarais; however, as to the City Defendants, the complaint is DISMISSED WITHOUT PREJUDICE with respect to the claims for monetary damages but DISMISSED WITH PREJUDICE in all other respects. I further ORDER that the motions to amend (Dockets #28 and 35) and the motions for hearing (Dockets #25 and 30) be DENIED. Having dismissed the complaint, I also hereby ORDER that the motions to appoint counsel (Dockets #11, 41), themotion to continue with complaint (Docket #39), and the motion for habeas corpus be DENIED AS MOOT." (Belpedio, Lisa)