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15-1533 - Stager v. New Beginnings Home Care Inc.


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15-1533 - Stager v. New Beginnings Home Care Inc.
January 29, 2016
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ORDER AND REPORT-RECOMMENDATIONS: Ordered that Pltf's 6 IFP aplication is granted. Recommended: that Pltf's 1 Complaint be dismissed for failure to state a claim. that Pltf be granted leave to amend his complaint. ( Objections to R&R due by 2/16/2016, Case Review Deadline 2/19/2016). Signed by Magistrate Judge Therese Wiley Dancks on 1/29/16. [Served by mail.](sfp, )
September 26, 2016
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ORDER - ORDERED that the Report and Recommendation (Dkt. No. 8) is ADOPTED in its entirety; and it is further ORDERED that Stager's complaint (Dkt. No. 1) is DISMISSED as setforth below; and it is further ORDERED that Stager's HIPPA claim is DISMISSED with prejudice, and his ADA claim is DISMISSED with leave to amend in the event he is able to show exhaustion of his administrative remedies andtimely filing of his complaint; and it is further ORDERED that Stager's state law claims are DISMISSED with leave to refile in the event he files an amended complaint as set forth above because the court declines to exercise supplemental jurisdiction over them; and it is further ORDERED that Stager is granted leave to amend the complaint to allege facts to establish diversity of citizenship for his state law claims if any such facts exist; and it is further ORDERED that, if Stager elects to file an amended complaint, he shall provide a short, plain statements of the relevant facts, in separately numbered paragraphs consisting of the statement of a single set of circumstances, set forth in chronological order and supporting each claim as required by Federal Rules of Civil Procedure 8(a) and 10(b); and it is further ORDERED that, if Stager wishes to proceed with this action, he must file an amended complaint as directed above within thirty (30) days from the filing date of this Order; and it is further ORDERED that, if Stager fails to timely file an amended complaint as directed above, the Clerk shall enter judgment dismissing this case without further order of this court. Signed by Senior Judge Gary L. Sharpe on 9/26/2016. (jel, ) Modified on 9/27/2016 (jel, ).