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07-1194 - Black v. Farago et al


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07-1194 - Black v. Farago et al
September 25, 2008
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REPORT AND RECOMMENDATIONS. RECOMMENDED that[ 28] MOTION to Dismiss the Second Amended Complaint be GRANTED and this entire action be DISMISSED. RECOMMENDED that in light of plaintiff's filing of a second amended complaint, 16 MOTION to Dismiss the Amended Complaint be terminated. Objections to R&R due by 10/9/2008 Case Review Deadline 10/15/2008. Signed by Magistrate Judge Randolph F. Treece on 9/25/08. (nas )
October 30, 2008
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ORDER, that the 31 Report-Recommendation of Magistrate Judge Randolph F. Treece filed September 25, 2008 is ACCEPTED in its entirety. That Plaintiff's 33 request to withdraw this action is DENIED. That defendants' 28 Motion to Dismiss is GRANTED and this entire action is DISMISSED. That in light of the Plaintiff's filing of a second amended complaint, the defendants' 16 motion to dismiss plaintiff's first amended complaint is teminated. Signed by Judge Gary L. Sharpe on 10/30/2008. (Attachments: # (1) Judge Treece's Report-Recommendation) (jel, )