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16-852 - Davies v. Christopher Community et al


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16-852 - Davies v. Christopher Community et al
September 9, 2016
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Denied, without prejudice; Recommended that plaintiff's complaint in this action be Dismissed, pursuant to 28 U.S.C. 1915(e), based upon its failure to state a claim upon which relief may be granted with leave to replead. 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. re 4 MOTION for Leave to Proceed in forma pauperis filed by Robert M Davies, 2 MOTION for Leave REPORT, RECOMMENDATION, AND ORDER: That Plaintiff's motions for leave to proceed in forma pauperis (Dkt. Nos. 2, 4) are Granted; that Plaintiff's motion for appointment of counsel in this case to represent him pro bono (Dkt. No. 3) isto Proceed in forma pauperis filed by Robert M Davies, 1 Complaint filed by Robert M Davies, 3 MOTION to Appoint Counsel filed by Robert M Davies (Objections to R&R due by 9/26/2016, Case Review Deadline 9/30/2016)Motions terminated: 3 MOTION to Appoint Counsel filed by Robert M Davies, 4 MOTION for Leave to Proceed in forma pauperis filed by Robert M Davies, 2 MOTION for Leave to Proceed in forma pauperis filed by Robert M Davies.Signed by Magistrate Judge David E. Peebles on 09/09/2016. (hmr)
October 13, 2016
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DECISION and ORDER: that the Court Adopts the Report, Recommendation and Order [dkt. #8] for the reasons stated therein. It is hereby Ordered that plaintiff's complaint [dkt. # 1] is Dismissed pursuant to 28 U.S.C. ยง 1915(e). Plaintiff is granted leave to replead. Signed by Senior Judge Thomas J. McAvoy on 10/13/2016. (hmr)