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17-715 - Profitt v. Freedman et al


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17-715 - Profitt v. Freedman et al
August 8, 2017
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REPORT, RECOMMENDATION AND ORDER re 2 MOTION for Leave to Proceed in forma pauperis filed by Donna Profitt. ORDERED that plaintiff's motion for leave to proceed in forma pauperis (Dkt. No. 2) is GRANTED; and is further hereby respectfully RECOMMENDED that plaintiff's complaint in this action be DISMISSED pursuant to 28 U.S.C. § 1915(e) for failure to state a claim, with leave to replead within thirty days of the date of any decision and order adopting this recommendation. Objections to R&R due by 8/25/2017 Case Review Deadline 8/29/2017. Signed by Magistrate Judge David E. Peebles on August 8, 2017. (Copy served via regular mail)(khr)
August 29, 2017
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ORDERED, that the Report-Recommendation (Dkt. No. 4) is APPROVED and ADOPTED in its entirety; and it is further ORDERED, that Plaintiffs complaint (Dkt. No. 1) is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e); and it is further ORDERED, that if Plaintiff wishes to amend her complaint, she must file a signed amended complaint that cures the pleading defects identified in the Report-Recommendation within thirty days from the filing date of this Order; and it is further ORDERED, that if Plaintiff does not file an amended complaint within thirty days from the filing date of this Order, her complaint shall be DISMISSED with prejudice without further order from the Court. Signed by Senior Judge Lawrence E. Kahn on August 29, 2017. (Copy served via regular mail)(sas)
January 10, 2018
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REPORT AND RECOMMENDATIONS re 10 Amended Complaint filed by Donna Profitt. Plaintiff's initial complaint in this action was dismissed with leave to replead. In the report, recommendation, and order upon which that dismissal was based, plaintiff was specifically advised of the fact that the DOT regulations cited in her initial complaint do not provide a basis for a private right of action for damages. After having been granted leave to replead, plaintiff filed an amended complaint in w Review Deadline 1/31/2018. Signed by Magistrate Judge David E. Peebles on 1/10/2018. (Copy served via regular and certified)(khr)hich she again asserted claims under those same DOT regulations. Because those regulations do not support a private right of action, I find that plaintiff's amended complaint fails to state a cognizable claim against the two named defendants. RECOMMENDED that plaintiff's complaint in this action be DISMISSED pursuant to 28 U.S.C. § 1915(e) for failure to state a claim, and that plaintiff not be granted an additional opportunity to replead.Objections to R&R due by 1/29/2018 Case
February 6, 2018
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ORDERED, that the Report-Recommendation (Dkt. No. 11) is APPROVED and ADOPTED in its entirety; and it is further ORDERED, that Plaintiffs amended complaint (Dkt. No. 10) is DISMISSED with prejudice; and it is further ORDERED, that the Clerk of the Court enter judgment for the Defendants and close this case. Signed by Senior Judge Lawrence E. Kahn on February 06, 2018. (Copy served via regular and certified mail)(sas)