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06-3276 - Kelley v. Commissioner of Social Security

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06-3276 - Kelley v. Commissioner of Social Security
June 6, 2008
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MEMORANDUM & ORDER: DISMISSING with prejudice plaintiff's 28 AMENDED COMPLAINT. Deft's 17 MOTION to Dismiss is GRANTED. The Clerk of Court is directed to enter judgment in favor of Defendant, dismissing this case. 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 purposes of any appeal. To the extent that Plaintiffs Amended Complaint (also entitled Order to Show Cause for Preliminary Injunction and Temporary Restraining Order) can be construed as an Order to Show Cause and/or a Temporary Restraining Order, they are DISMISSED as moot. JUDGMENT in favor of Commissioner of Social Security against James Otis Kelley. Ordered by Judge Joanna Seybert on 6/6/2008. C/M. (Glueckert, Lisa) Modified on 6/11/2008 (Glueckert, Lisa).