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17-136 - Probst v. Jankowski


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17-136 - Probst v. Jankowski
March 23, 2017
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REPORT-RECOMMENDATIONS and ORDER re 1 Complaint filed by Charles Paul Probst, 4th. RECOMMENDED that Plaintiffs Complaint be dismissed, pursuant to 28 U.S.C. ยง 1915 for failure to state a claim, however, in light of his pro se status, it is further RECOMMENDED, that prior to dismissing Plaintiffs Complaint in its entirety, Plaintiff be provided an opportunity to amend his Complaint to correct the format and properly present the facts which would support his claim for entitlement to relief. Objections to R&R due by 4/10/2017 Case Review Deadline 4/13/2017. Signed by Magistrate Judge Daniel J. Stewart on 3/23/2017. (Copy served via regular and certified)(khr)
June 15, 2017
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ORDER adopting Report and Recommendations re 6 Report and Recommendations: The Court hereby ORDERS that Magistrate Judge Stewart's Report-Recommendation and Order (Dkt. No. 6) is ADOPTED in its entirety; and the Court further ORDERS that Plaintiff's complaint in this action is dismissed in all respects, with leave to file an amended complaint within thirty (30) days of the date of this Order; and the Court further ORDERS that, if Plaintiff fails to file an amended complaint within thirty (30) days of this Order, the Clerk of the Court shall enter judgment in Defendant's favor and close this case, without further order of this Court; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Order on Plaintiff in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 6/15/2017. (Copy served via regular and certified mail)(ban)