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08-616 - McCants v. Cannon et al


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08-616 - McCants v. Cannon et al
October 22, 2008
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REPORT AND RECOMMENDATION: RECOMMENDED, that defendants motion to dismiss plaintiffs complaint for failure to state a cognizable cause of action (Dkt. No. 20) be GRANTED, and that plaintiffs complaint 16 in this action be dismissed, without prejudice to renewal following complete exhaustion of available internal administrative remedies. Case Review Deadline 11/12/2008 Signed by Magistrate Judge David E. Peebles on 10/22/2008. {Report and Recommendation served via regular mail on any non-ecf parties}(mgh)
November 18, 2008
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ORDER that 25 Report and Recommendations is APPROVED and ADOPTED in its entirety. ORDDERED granting 20 Motion to Dismiss. ORDERED that the plaintiff's amended complaint (dkt no. 16) is DISMISSED WITHOUT PREJUDICE to renewal following complete exhaustion of available internal administrative remedies. Signed by Senior Judge Lawrence E. Kahn on 11/18/08. {order mailed to all non-ecf parties}(nas)