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17-444 - Bentley v. McNamara et al


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17-444 - Bentley v. McNamara et al
April 24, 2017
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U.S.C. 1915(e)(2)(B)(ii) as to deft Sweezey for failure to state a claim pursuant to Heck v. Humphrey, supra; and RECOMMENDED that if the District Court adopts this Order and Report-Recommendation, that the District Court certify pursuant to 28 U.S.ORDER and REPORT AND RECOMMENDATION re 1 Complaint filed by Arthur BJ Bentley. ORDERED that pltf's 2 MOTION for Leave to Proceed in forma pauperis is GRANTED FOR PURPOSES OF FILING ONLY; RECOMMENDED that this action be DISMISSED IN ITS ENTIRETY pursuant to 28 U.S.C. 1915(e)(2)(B)(ii-iii) WITH PREJUDICE as against ADA Yoxall and DA McNamara based on absolute immunity and failure to state a claim; RECOMMENDED that this action be DISMISSED IN ITS ENTIRETY WITHOUT PREJUDICE pursuant to 28C. 1915(a)(3) that any appeal taken from the District Court's Order would not be taken in good faith. ( Objections to R&R due by 5/11/2017, Case Review Deadline 5/15/2017 Signed by US Magistrate Judge Andrew T. Baxter on 4/24/2017. (Copy served upon Arthur BJ Bentley via regular mail on 4/24/2017)(see)
July 6, 2017
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DECISION AND ORDER adopting 4 Report and Recommendations. Pltf's complaint is dismissed in its entirety as stated. Signed by Senior Judge Thomas J. McAvoy on 7/6/17. (Copy served via regular and certified mail)(sfp, )