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07-431 - Butler v. Smith et al

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07-431 - Butler v. Smith et al
August 20, 2008
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REPORT AND RECOMMENDATIONS that the 33 MOTION to Dismiss complaint filed by Akinson, J. Smith, Chiappone be Granted and plaintiff's complaint dismissed, with leave to replead. Objections to R&R due by 9/4/2008; Case Review Deadline 9/9/2008. Signed by Magistrate Judge David E. Peebles on 8/20/08. (rjb, )
September 10, 2008
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ORDER that 35 Report and Recommendations is ACCEPTED in its entirety. ORDERED that within 30 days from the filing date of this Order, plaintiff may file an amended complaint. If plaintiff doesn't file an amended complaint within 30 days of the filing date of this Order, the Clerk shall enter judgment and dismiss this action without further order of this Court. Signed by Senior Judge Frederick J. Scullin, Jr on 9/10/08. (nas)