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08-1373 - Jackson v. Boucaud et al


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08-1373 - Jackson v. Boucaud et al
December 31, 2009
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REPORT AND RECOMMENDATIONS. RECOMMENDED that 12 MOTION to Dismiss be GRANTED; that plaintiff's First Amendment claims, and all claims against defendant Fischer, be DISMISSED, with leave to amend; and that plaintiff's claim for deprivation of due process be DISMISSED as a matter of law, without leave to replead; ORDERED that discovery be and is hereby STAYED pending a final determination of defendants motion to dismis Objections to R&R due by 1/14/2010 Case Review Deadline 1/21/2010. Signed by Magistrate Judge David E. Peebles on 12/31/09. [report-recommendations and Order served via regular mail on all non-ecf parties}(nas)
March 15, 2010
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ORDER that 16 Report and Recommendations is adopted. ORDERED that Defendants' motion to dismiss (Dkt. No. 12) is GRANTED. Plaintiff's First Amendment claims, and all claims against defendant Fischer, are DISMISSED with leave to amend. Plaintiff shall have sixty (60) days from the date of this Decision and Order to replead these claims. Plaintiff's claim for deprivation of due process is DISMISSED as a matter of law, without leave to replead. Signed by Senior Judge Thomas J. McAvoy on 3/15/10. {order served via regular mail on all non-ecf parties}(nas)