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15-1011 - TYLER v. GADDY


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15-1011 - TYLER v. GADDY
December 1, 2015
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ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOE L. WEBSTER on 12/01/2015; that in forma pauperis status is granted for the sole purpose of entering this Order and Recommendation. IT IS RECOMMENDED that this action be filed and dismissed sua sponte without prejudice to Plaintiff filing a new complaint in the state courts. (Garland, Leah)
February 3, 2016
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ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 02/03/2016; that the Magistrate Judge's Recommendation (Doc. 3) is ADOPTED with the additional ruling that Plaintiff's claim for a violation of his First Amendment rights is also dismissed without prejudice. IT IS FURTHER ORDERED that this action be, and is hereby, dismissed without prejudice to Plaintiff filing a new complaint in the state courts, correcting the defects set out in the Order and Recommendation. A Judgment dismissing this action will be entered contemporaneously with this Order. (Garland, Leah)