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17-560 - Jackson v. Wylie et al


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17-560 - Jackson v. Wylie et al
September 5, 2017
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REPORT AND RECOMMENDATIONS & ORDER: It is Ordered that the # 5 Motion for Leave to Proceed in forma pauperis filed by Raymond L. Jackson is GRANTED, It is Recommended that pursuant to 28 USC § 1915(e), the # 1 Complaint be DISMISSED, specifically (1) insofar as plaintiffs complaint can be read to raise claims against defendants in their official capacities, such claims be dismissed with prejudice; and (2) the remainder of plaintiffs complaint be dismissed without prejudice to filing an amended complaint if the District Judge, on review of this Report-Recommendation and Order, directs that an amended complaint be filed that fully cures the defects noted within this Report-Recommendation and Order (Objections to R&R due by 9/22/2017, Case Review Deadline 9/26/2017). Signed by Magistrate Judge Christian F. Hummel on 9/5/2017. (Attachments: # (1) Unpublished Decision) (Copy served upon the Pro Se Plaintiff via regular mail) (jmb)
September 28, 2017
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DECISION & ORDER: ADOPTING the # 8 Report and Recommendations, Plaintiff's claims against defendants in their official capacities are DISMISSED with prejudice and all remaining claims DISMISSED without prejudice. This action shall be DISMISSED in its entirety pursuant to 28 U.S.C. § 1915(e) unless, within thirty (30) days of the date of this Decision and Order plaintiff files an amended complaint, as to those claims dismissed without prejudice, that corrects the pleading defects identified in the Report-Recommendation. If plaintiff files an amended complaint within the referenced thirty (30) day period, then the amended complaint shall be referred to Magistrate Judge Hummel for his review. If, however, plaintiff fails to file an amended complaint within the referenced thirty (30) day period, then this action shall be dismissed without further order. Signed by Judge David N. Hurd on 9/27/2017. (Copy served upon the pro se plaintiff via regular mail) (jmb)
November 7, 2017
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REPORT AND RECOMMENDATIONS & ORDER: It is RECOMMENDED that the # 10 Amended Complaint filed by Raymond L. Jackson be DISMISSED WITHOUT PREJUDICE AND WITH THE OPPORTUNITY TO AMEND. Objections to R&R due by 11/24/2017. Case Review Deadline 11/28/2017. Signed by Magistrate Judge Christian F. Hummel on 11/7/2017. (Copy served upon the pro se plaintiff via regular mail) (jmb)
March 15, 2018
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DECISION & ORDER: ACCEPTING and ADOPTING the # 11 Report-Recommendation, This action is DISMISSED with leave to replead within 30 days of the date of this Decision and Order. If plaintiff files a timely Second Amended Complaint, it will be forwarded to the Magistrate Judge for review. If plaintiff fails to file a Second Amended Complaint within thirty days, the Clerk will DISMISS this action without further Order of the Court. Signed by Judge David N. Hurd on 3/15/2018. (Copy served upon the pro se plaintiff via regular mail) (jmb)