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15-553 - Myers v. Bucca et al


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15-553 - Myers v. Bucca et al
May 14, 2015
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ORDER and REPORT AND RECOMMENDATION: ORDERED, that plaintiff's motion to proceed IFP (Dkt. No. 2) is GRANTED for purposes of this Order and Report-Recommendation only. ORDERED, that plaintiff file the appropriate authorization form and certified account statement within fourteen (14) days of this Order and Report-Recommendation, or the District Court may order dismissal without prejudice on that basis alone. RECOMMENDED, that the complaint be DISMISSED WITH PREJUDICE as against DEFENDANTS BUCCA, WILHELM, FRISBEE, and BAECKMANN, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i-iii). RECOMMENDED, that the complaint be dismissed WITHOUT PREJUDICE as against defendants SEELEY and SPITZ, and HAINES pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). RECOMMENDED, that any claims against defendant ROWELL, relating to his testimony at trial and for false arrest be dismissed WITH PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii-iii). RECOMMENDED, if the District Court approves this Recommendation, that the case be sent back to me to set a deadline for submitting a proposed amended complaint, for review of any proposed amended complaint submitted by plaintiff, and ultimately to order any necessary service of process. ORDERED, that any service on defendant ROWELL on the malicious prosecution claim is STAYED until plaintiff files the appropriate IFP documents and the District Court rules on this Recommendation. ORDERED, that plaintiff's motion for appointment of counsel (Dkt. No. 3) is DENIED WITHOUT PREJUDICE.( Objections to R&R due by 6/1/2015, Case Review Deadline 6/4/2015). Signed by US Magistrate Judge Andrew T. Baxter on 5/14/15. {r&r served via regular mail on plaintiff}(nas)
November 10, 2015
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DECISION AND ORDER adopting 5 Report and Recommendations. Pltf's complaint is dismissed with prejudice as against defts Bucca, Wilhelm, Frisbee and Baeckmann. Pltf's complaint is dismissed without prejudice as against defts Seeley, Spitz and Haines. Any claims against deft Rowell, relating to his testimony at trial and for false arrest are dismissed with prejudice. Pltf's proposed 9 amended complaint shall be reviewed by Honorable Baxter to determine its compliance with the R&R and 28 USC 1915A and 1915(e). Signed by Judge David N. Hurd on 11/10/15. [Served by mail.] (sfp, )
January 14, 2016
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DECISION AND ORDER accepting Pltf's second amended complaint only as against Deft Rowell, and only insofar as it alleges malicious prosecution in claim 3. All remaining claims against all other defts are dismissed. Pltf's "Motion for Ruling on the Accrual" is denied [ECF No. 12]. Pltf's "Motion to Renew" is denied [ECF No. 15]. Pltf's "Petition to Pause Pending Related State Appeals" is denied [ECF No. 19]. Pltf's "Motion to Bifurcate" is denied [ECF No. 21]. Signed by Judge David N. Hurd on 1/14/16. [Served by mail.] (sfp, )
June 13, 2017
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MEMORANDUM, DECISION AND ORDER granting Deft Rowell's 42 Motion to Dismiss for Failure to State a Claim; denying Pltf's 46 Cross-Motion. The amended complaint is dismissed in its entirety. Signed by Judge David N. Hurd on 6/13/17. (Copy served via regular and certified mail)(sfp, )
March 22, 2018
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MEMORANDUM, DECISION AND ORDER denying Pltf's 55 Motion for Reconsideration, denying 56 Motion to Amend/Correct; denying 61 Motion for Judgment as a Matter of Law. The Court will entertain no further applications for reconsideration of its prior orders. Signed by Judge David N. Hurd on 3/22/18. (Copy served via regular mail)(sfp, )