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15-725 - Jabot v. Rench et al

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15-725 - Jabot v. Rench et al
January 12, 2016
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REPORT, RECOMMENDATION and ORDER. Plaintiff's application to proceed in forma pauperis, Dkt. Nos. 10, 11, is GRANTED. RECOMMENDED that plaintiff's complaint be dismissed for failure to state a claim with leave to replead within thirty days from the date of any order adopting this recommendation limited to plaintiff's First and Fourteenth Amendment claims. (Objections to R&R due by 1/29/2016, Case Review Deadline 2/2/2016). Signed by Magistrate Judge David E. Peebles on 1/12/2015. (lah)** Copy of RRO to pltf by certified mail ** Pltf's Inmate Authorization Form mailed to Green Haven CF.
March 22, 2016
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DECISION AND ORDER accepting and adopting #13 Magistrate Judge Peebles' Report and Recommendation in its entirety. Plaintiff's Complaint (Dkt. No. 1) shall be DISMISSED for failure to state a claim pursuant to 28 U.S.C. ยง 1915(e)(2)(B)(ii) and 1915A(b) without further Order of this Court, unless within THIRTY (30) DAYS of the date of this Decision and Order, Plaintiff submits an Amended Complaint that cures the pleading defects in his First and Fourteenth Amendment claims in accordance with the Report-Recommendation. Any Amended Complaint submitted by Plaintiff is referred to Magistrate Judge Peebles for his review. Signed by Chief Judge Glenn T. Suddaby on 3/22/16. (lmw)(Copy served upon pro se plaintiff via regular mail)