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08-797 - Dean v. Phillips

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08-797 - Dean v. Phillips
September 30, 2008
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ORDER and REPORT AND RECOMMENDATIONS. ORDERED that plaintiff's motion to proceed in forma pauperis is granted; denying plaintiff's motion for appointment of counsel (dkt no. 3); RECOMMENDED that the Court issue an order sua sponte dismissing plaintiff's complaint pursuant to 28 USC Section 1915(e)(2)(B)(ii), 1915A, and Fed. R. Civ. P. 12(h)(3), if he does not, within 30 days of the date of the court's final order with respect to this report-recommendation, file an amended complaint that states a claim upon which relief might be granted. ( Objections to R&R due by 10/15/2008, Case Review Deadline 10/20/2008), Motions terminated: 3 MOTION to Appoint Counsel filed by Richard Lamar Dean, 2 MOTION for Leave to Proceed in forma pauperis filed by Richard Lamar Dean. Signed by Magistrate Judge George H. Lowe on 9/30/08. (nas)
November 24, 2008
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ORDER adopting Report and Recommendation 8. ORDERED, Plaintiff's amended complaint will be allowed to move forward; The Clerks office is instructed to add the additional parties which are set forth in the amended complaint to the docket; The Clerk shall issue summonses and forward them, along with copies of the amended complaint, to the United States Marshal for service upon the defendants. The Clerk shall forward a copy of the summons and amended complaint by mail to the Office of the New York State Attorney General, together with a copy of this Order. Signed by Judge David N. Hurd on 11/24/2008. {order served via regular mail on any non-ecf parties} (mgh)