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07-019 - Hemphill v. Roy


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07-019 - Hemphill v. Roy
October 18, 2007
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ORDER...Plaintiff has failed to comply with Rule 2.08(A) and shall be ordered to file his consent/opt-out form on or before October 31, 2007. Failure to comply with this Order will result in the case being reassigned to a United States District Judge. Response to Court due by 10/31/2007.. Signed by Judge Thomas C. Mummert III on 10/18/07. (consent form sent with copy of order) (MRS, )
January 4, 2008
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MEMORANDUM AND ORDER re:15 MOTION to Dismiss Case filed by Laura Thielmeier Roy, 23 MOTION for Leave to File First Amended Complaint filed by Plaintiff John Hemphill. IT IS HEREBY ORDERED that plaintiff's motion for leave to file a first amended complaint is GRANTED. [Doc. 23] IT IS FURTHER ORDERED that the Clerk of the Court shall docket the first amended complaint and the addendum thereto, which were filed as attachments to the motion for leave. IT IS FURTHER ORDERED that defendant's motion to dismiss is DENIED as moot. [Doc. 15] IT IS FURTHER ORDERED that this case is DISMISSED, with prejudice, pursuant to 28 U.S.C. 1915(e). An appropriate Order of Dismissal will accompany this Memorandum and Order. Signed by Honorable Charles A. Shaw on 1/4/08. (CSG)
January 4, 2008
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ORDER OF DISMISSAL pursuant to 28USC1915(e)(2)(B). IT IS HEREBY ORDERED that plaintiff's complaint is DISMISSED, without prejudice. IT IS HEREBY CERTIFIED that an appeal from this dismissal would not be taken in good faith pursuant to 28USC1915(a)(3). Signed by Honorable Charles A. Shaw on 1/4/08. (CSG)