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08-1342 - Duffin v. Wright et al


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08-1342 - Duffin v. Wright et al
January 26, 2010
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REPORT AND RECOMMENDATIONS. RECOMMENDED that 13 MOTION to Dismiss be GRANTED, with prejudice with respect to the DOCS and Dr. Wright in his official capacity, but with leave to amend with respect to Dr. Wright in his individual capacity within thirty days from the date of the assigned district judge's decision regarding this report. Objections to R&R due by 2/9/2010 Case Review Deadline 2/16/2010. Signed by Magistrate Judge David E. Peebles on 1/26/10. {report-recommendations served via regular mail on all non-ecf parties}(nas)
February 17, 2010
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ORDER that 17 Report and Recommendations is adopted. ORDERED granting 13 Motion to Dismiss and plaintiff's complaint is DISMISSED with prejudice as to the DOCS and Dr. Wright in his official capacity, but with leave to amend with respect to Dr. Wright in his individual capacity within 30 days from the date of this Order. Signed by Senior Judge Thomas J. McAvoy on 2/17/10. {order served via regular mail on all non-ecf parties}(nas)