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06-791 - Smith v. Everson


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06-791 - Smith v. Everson
March 21, 2008
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ORDER denying as moot 37 Motion to Amend/Correct; denying 39 Motion for Leave to File; granting 12 Motion to Dismiss; denying as moot 14 Motion to Strike ; denying as moot 17 Motion for Entry of Default; denying 31 Motion to Amend/Correct. Defendant's motion to dismiss the complaint is granted and the complaint is dismissed in its entirety for lack of subject matter jurisdiction; plaintiff's motions to strike defendant's motion to dismiss, for default judgement, and to amend my September 29, 2006 order are denied as moot; and plaintiff's motions for leave to file an amended complaint and for a preliminary injunction are denied. The clerk of the Court is directed to enter final judgement in favor of defendants and to close this case. SO ORDERED. Ordered by Judge Sandra J. Feuerstein on 3/21/2008. (Brienza, Lauren)