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08-1004 - Presley v. Education School Board

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08-1004 - Presley v. Education School Board
September 26, 2008
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REPORT AND RECOMMENDATIONS -- it is recommended that the plaintiff's 1 Complaint filed by Elvis Sugar Presley be dismissed as frivolous and the plaintiff may amend within 30 days any Order adopting this Report Recommendation; If the plaintiff fails to amend the Complaint, Clerk shall enter judgment dismissing this action without further Order of this Court. (Objections to R&R due by 10/10/2008-Case Review Deadline 10/16/2008; The plaintiff's 2 MOTION for Leave to Proceed in forma pauperis filed by Elvis Sugar Presley is denied without prejudice. Plaintiff served via USPS. Signed by Magistrate Judge George H. Lowe on 9/26/08. (mnm)
November 20, 2008
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ORDER accepting and adopting Magistrate Judge Lowe's 5 Report and Recommendations; that the complaint is DISMISSED as frivolous; the pltf may however, file an amended complaint within 30 days of the filing date of this order. Any amended complaint (which will supersede and replace in its entirety, pltf's original complaint) must allege claims of misconduct or wrongdoing against the deft which pltf has a legal right to pursue, and over which the Court may exercise jurisdiction; In the event pltf fails to timely file an amended complaint, the Clerk shall enter judgment dismissing the entire action without further order of this Court;&In the event pltf files an amended complaint, the file shall be returned to the Court for further review. Signed by Judge David N. Hurd on 11/20/2008. (see)