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07-715 - Westberg #437446 v. Russell et al

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07-715 - Westberg #437446 v. Russell et al
December 19, 2007
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REPORT AND RECOMMENDATION that Plaintiff's complaint be dismissed for failure to state a claim; objections to R&R due within 10 days; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh)
January 23, 2008
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JUDGMENT denying 5 plaintiff's objections; ADOPTING 4 REPORT AND RECOMMENDATION, DISMISSING WITH PREJUDICE all federal claims, DISMISSING WITHOUT PREJUDICE all state law claims; Court certifies an appeal would not be taken in good faith; this dismissal counts as a "strike" for purposes of 28:1915(g); signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)