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16-1499 - Bitetto v. D'Angelo et al

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16-1499 - Bitetto v. D'Angelo et al
December 21, 2016
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REPORT AND RECOMMENDATION and ORDER re 1 Complaint filed by Marco Bitetto. ORDERED that pltf's 2 MOTION for Leave to Proceed in forma pauperis is GRANTED; and it is RECOMMENDED that pltf's 1 complaint be DISMISSED without prejudice, excepting pltf's claim for monetary relief pursuant to Title III of the Americans with Disabilities Act, which is to be DISMISSED with prejudice. ( Objections to R&R due by 1/9/2017, Case Review Deadline 1/11/2017), Signed by Magistrate Judge Christian F. Hummel on 12/20/2016. (Copy served upon pltf via regular mail on 12/21/2016)(see)
January 27, 2017
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on pro se plaintiff via regular mail)DECISION AND ORDER accepting and adopting #4 Magistrate Judge Hummel's Report and Recommendation in its entirety; Plaintiff's claim for monetary relief pursuant to Title III of the ADA is dismissed with prejudice; Plaintiff's #5 Motion to Amend his complaint is granted; and Plaintiff's proposed Amended Complaint at Docket #5 is accepted for filing, and the Clerk is directed to separately file and docket that pleading (which is already signed) as the Plaintiff's Amended Complaint. This action is returned to Magistrate Hummel for his management of pretrial matters, including his review of the pleading sufficiency of the Amended Complaint. Signed by Chief Judge Glenn T. Suddaby on 1/27/17. (lmw) (Copy served up