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05-5493 - Miller v. Bailey et al


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05-5493 - Miller v. Bailey et al
December 20, 2007
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REPORT AND RECOMMENDATION: It is recommended that defendants' motion should be granted and plaintiff's complaint should be dismissed in its entirety. Furthermore, plaintiff's cross-motion for leave to amend his complaint should be denied as futile. The parties shall have 10 days from service of this Report to file written objections. So Ordered. (Ordered by Magistrate Judge Lois Bloom, on 12/20/2007) C/mailed. Objections to R&R due by 1/3/2008. (Latka-Mucha, Wieslawa)
April 17, 2008
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ORDER ADOPTING 26 REPORT AND RECOMMENDATIONS. Magistrate Judge Blooms R&R is hereby adopted as the opinion of the Court. Plaintiffs complaint dismissed in its entirety, and his motion to amend the complaint is denied. The Court certifies pursuant to 28 U.S.C. ยง 1915(a)(3) that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is directed to enter judgement and to close this case. Ordered by Judge Carol B. Amon on 4/17/08. (Amon, Carol)