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07-4101 - Roblero-Barrios v. Ludeman et al


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07-4101 - Roblero-Barrios v. Ludeman et al
October 8, 2008
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REPORT AND RECOMMENDATION that: 1. the DHS Defendants' Motion to Dismiss be GRANTED (#22) and the ADA and Section 1983 claims against the DHS Defendants be dismissed with prejudice; 2. Plaintiff's ADA and Section 1983 claims against the Moose Lake Doe Defendants be dismissed with prejudice pursuant to 28 U.S.C. § 1915A; 3. Plaintiff's Section 1983 claims against the Mercy Hospital Doe Defendants be dismissed with prejudice pursuant to 28 U.S.C. § 915(e)(2)(B)(ii); 4. Plaintiff's claims for declaratory and injunctive relief be dismissed as moot; 5. Plaintiff's state law claims be dismissed without prejudice. Objections to R&R due by 10/28/2008. Signed by Magistrate Judge Franklin L. Noel on 10/8/08. (jam)
November 5, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATIONS for 40 Report and Recommendation. DHS Defendants' Motion to Dismiss 22 is GRANTED, Plaintiff's ADA and Section 1983 claims are dismissed against Moose Lake Doe Defendants, Plaintiff's Section 1983 claims are dismissed against Mercy Hospital Defendants, Plaintiff's claims for declaratory and injunctive relief are dismissed as moot and Plaintiff's state law claims are dismissed without prejudice. Signed by Chief Judge Michael J. Davis on 11/5/08. (mjds)