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08-1499 - Hollis v. Cuneo et al


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08-1499 - Hollis v. Cuneo et al
November 5, 2008
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MEMORANDUM AND ORDER re: 2 ORDERED that plaintiff's motion to proceed in formapauperis [#2] is GRANTED. FURTHER ORDERED that plaintiffs claims against defendant Metropolitan Psychiatric Center survive initial review. The Clerk shall issue process or cause process to issue on defendant Metropolitan Psychiatric Center. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue on defendant Anthony Cuneo because, as to this defendant, the complaint is legally frivolous or fails to state a claim upon which relief can be granted, or both. IT IS FURTHER ORDERED that plaintiffs claims against defendant Anthony Cuneo are DISMISSED without prejudice, pursuant to 28 U.S.C. 1915(e)(2)(B) A separate Order of Partial Dismissal shall accompany this Memorandum and Order. Signed by Honorable Jean C. Hamilton on 11/5/08. (CEL)
November 5, 2008
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ORDER OF PARTIAL DISMISSAL pursuant to 28 U.S.C.1915(e)(2)(B): ORDERED that, as to defendant Anthony Cuneo, plaintiff's complaint is DISMISSED, without prejudice, pursuant to 28 U.S.C. ยง 1915(e)(2)(B). Party Anthony J. Cuneo termed.. Signed by Honorable Jean C. Hamilton on 11/5/08. (CEL)