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08-4867 - Morgan v. Leclaire et al

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08-4867 - Morgan v. Leclaire et al
December 23, 2008
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MEMORANDUM AND ORDER: Accordingly, I dismiss plaintiff's § 1983 claims as to the defendants LeClaire and Breslin for failure to state a claim on which relief may be granted. Plaintiff is afforded 30 days to file an amended complaint setting forth his § 1983 claims for deliberate indifference to his medical needs and identifying individuals personally involved in the alleged constitutional violation. Plaintiff is advised that the amended complaint will completely replace the original complaint. No summons will issue at this time and all further proceedings will be stayed for 30 days or until plaintiff has complied with this Order. If plaintiff fails to comply with this Order within the time allowed, the complaint will be dismissed. The Court certifies pursuant to 28 U.S.C. § 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 purpose of an appeal. So Ordered. (Ordered by Judge Brian M. Cogan, on 12/23/2008) C/mailed. (Latka-Mucha, Wieslawa)