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16-1315 - Cleary v. Levi Strauss


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16-1315 - Cleary v. Levi Strauss
November 18, 2016
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REPORT, RECOMMENDATION and ORDER: re: 1 Complaint filed by Scott E. Cleary: that plaintiff's IFP application (Dkt. No. 2) be Granted; Recommended that the complaint in this matter (Dkt. No. 1) be Dismissed with leave to replead within the thirty days of the date of an order adopting this report. It is hereby Ordered that the clerk of the court serve a copy of this report and recommendation upon the parties in accordance with this court's local rules. (Objections to R&R due by 12/5/2016, Case Review Deadline 12/9/2016), Motions terminated: 2 MOTION for Leave to Proceed in forma pauperis filed by Scott E. Cleary.Signed by Magistrate Judge David E. Peebles on 11/18/2016. (hmr)
February 27, 2017
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ORDER adopting Report and Recommendations re 4 Report and Recommendations: The Court hereby ORDERS that Magistrate Judge David E. Peebles' November 18, 2016 Report, Recommendation, and Order is ADOPTED in its entirety; and the Court further ORDERS that Plaintiff's complaint is DISMISSED without prejudice; and the Court further ORDERS that any amended complaint must be filed within THIRTY (30) DAYS from the date of this Order; and the Court further ORDERS that if Plaintiff fails to file an amended complaint within THIRTY (30) DAYS from the date of this Order, the Clerk of the Court shall enter judgment in Defendant's favor and close this case, without any additional action by this Court; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 2/27/17. (Copy served via regular and certified mail)(ban)