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17-1360 - Lewis v. Michaud et al


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17-1360 - Lewis v. Michaud et al
January 17, 2018
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REPORT AND RECOMMENDATION & ORDER: It is Recommended that Plaintiff's # 1 Complaint be DISMISSED, however in light of plaintiff's Pro Se status, it is further Recommended that prior to dismissing Plaintiffs Complaint in its entirety, Plaintiff be provided an opportunity to amend his Complaint to correct the format and expand upon the facts that would support his claim for entitlement to relief; and it is further Recommended that Plaintiff be permitted an opportunity to retain counsel or to request the appointment of counsel for his children, and that if Plaintiff does not obtain counsel for his children, he should remove all claims asserted on behalf of his minor children in any amended complaint; and it is further Ordered that the Clerk shall serve a copy of this Report-Recommendation & Order upon Plaintiff. Objections to R&R due by 2/5/2018. Case Review Deadline 2/7/2018. Signed by Magistrate Judge Daniel J. Stewart on 1/17/2018. (Copy served upon the pro se plaintiff via regular mail) (jmb)
February 12, 2018
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DECISION & ORDER: The Court hereby ACCEPTS and ADOPTS the # 8 Report and Recommendations; and the 9 Letter Motion for leave to add additional facts/parties along with the # 10 Letter Motion for an extension of time to Amend the Complaint and obtain counsel are DENIED as MOOT. Plaintiff is given 30 days to file an Amended Complaint, (Amended Pleadings due by 3/14/2018). It is Ordered that should plaintiff fail to file an amended complaint within 30 days the # 1 Complaint filed by Shawn Lewis will be DISMISSED, without further Order of the Court pursuant to 28 USC section 1915 for failure to state a claim. Signed by Senior Judge Thomas J. McAvoy on 2/12/2018. (Copy served upon the pro se plaintiff via regular mail) (jmb)