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08-148 - Lewis v. Healy et al


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08-148 - Lewis v. Healy et al
October 29, 2008
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REPORT AND RECOMMENDATION: It is RECOMMENDED that the order granting the plaintiff IFP status (Dkt. No. 4) be VACATED. Defendants motion to dismiss plaintiffs complaint 21 be GRANTED as to all defendants and all claims unless Lewis pays the full required filing fee of $350.00 within thirty days after the entry of a final order by the district court addressing this recommendation; and The requirement that defendants answer plaintiff's complaint be STAYED indefinitely pending final resolution of the IFP issue raised intheir motion; and Plaintiff's motion to amend the complaint 25 be DENIED, without prejudice to its renewal in the event that the required filing fee is paid or if the district court rejects this recommendation and denies defendants motion to dismiss. Objections to R&R due by 11/13/2008 Case Review Deadline 11/18/2008. Signed by Magistrate Judge David E. Peebles on 10/29/2008. {Report and Recommendation served via regular mail on any non-ecf parties} (mgh)
December 8, 2008
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DECISION and ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 32) is APPROVED and ADOPTED in its ENTIRETY; ORDERED, that the Order granting Plaintiff in forma pauperis status (Dkt. No. 4) is VACATED; ORDERED, that Defendants' Motion to dismiss Plaintiff's Complaint (Dkt. No. 21) is GRANTED as to all Defendants and all claims unless Lewis pays the full required filing fee of $350 within thirty (30) days from the date of this Order; ORDERED, that the requirement that Defendants answer Plaintiff's Complaint is STAYED indefinitely pending final resolution of the IFP issue raised in their motion; ORDERED, that Plaintiff's Motion to amend the Complaint (Dkt. No. 25) is DENIED, without prejudice to its renewal in the event that the required filing fee is paid. Signed by Senior Judge Lawrence E. Kahn on 12/8/2008.{order served via regular mail on any non-ecf parties} (mgh)