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07-4710 - Iverson v. Department of Corrections et al

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07-4710 - Iverson v. Department of Corrections et al
January 7, 2008
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REPORT AND RECOMMENDATION 1. That the Plaintiff's Complaint 1 be summarily dismissed pursuant to Title 28 U.S.C. Section 1915A, and Rule 12(h)(3), Federal Rules of Civil Procedure. 2. That, irrespective of summary dismissal, the action not be counted as a "strike" for purposes of Title 28 U.S.C. Section 1915(g). Objections to R&R due by 1/25/2008. Signed by Chief Magistrate Judge Raymond L. Erickson on 01/07/2008. (jz)
January 24, 2008
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ORDER re: Adopting 6 Report and Recommendation 1. Petitioners complaint [Doc. No. 1] is summarily dismissed pursuant to 28 U.S.C. § 1915A and Federal Rule of Civil Procedure 12(h)(3). 2. This action is not counted as a strike for purposes of 28 U.S.C. § 1915(g). (Written Opinion). Signed by Judge David S. Doty on 1/24/2008. (PJM) Modified text on 2/22/2008 (jdf).