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14-340 - Banks v. Annucci


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14-340 - Banks v. Annucci
January 25, 2016
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REPORT AND RECOMMENDATION: RECOMMENDED that defendant's motion to dismiss plaintiff's complaint in this action (Dkt. No. 28) be GRANTED, and that plaintiff's complaint be DISMISSED without prejudice to amend. Objections to R&R due by 2/11/2016 Case Review Deadline 2/16/2016. Signed by Magistrate Judge David E. Peebles on 1/25/16. (served on plaintiff by regular mail)(alh, )
March 2, 2016
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DECISION AND ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 31) is APPROVED and ADOPTED in its entirety. ORDERED, that Defendant's Motion (Dkt. No. 28) to dismiss is GRANTED. ORDERED, that Plaintiff's damage claims against Defendant are DISMISSED with prejudice. ORDERED, that the Complaint (Dkt. No. 1) is DISMISSED without prejudice and with leave to amend for failure to state a claim upon which relief can be granted. ORDERED, that if Plaintiff wishes to proceed with this action, he must file an amended complaint as set forth above within ninety (90) days of the filing date of this Decision and Order. ORDERED, that in the event Plaintiff fails to file a signed amended complaint within ninety (90) days of the filing date of this Decision and Order, the Clerk shall enter judgment without further order of the Court dismissing this action without prejudice due to Plaintiff's failure to state a claim upon which relief can be granted and to comply with the terms of this Decision and Order. Signed by Senior Judge Lawrence E. Kahn on 3/2/16. (served on plaintiff by regular mail) (alh, )
June 6, 2016
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***VACATED per 40 Decision and Order***JUDGMENT entered pursuant to the Decision and Order of the Honorable Senior Judge Lawrence E. Kahn, dated the 2nd day of March, 2016. (served on plaintiff by regular mail) (alh, ) Modified on 9/29/2017 (alh, ).
September 29, 2017
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DECISION AND ORDER: ORDERED, that Plaintiff's Motion (Dkt. No. 37) to vacate the Court's March 2016 Order (Dkt. No. 33) is DENIED. ORDERED, that Plaintiff's Motion (Dkt. No. 37) to vacate the Court's Judgment (Dkt. No. 35) is GRANTED. ORDERED, that if Plaintiff wishes to proceed with this action, he must file an amended complaint as described in the March 2016 Order within ninety days of the filing date of this Decision and Order. ORDERED, that if Plaintiff fails to file a signed amended complaint within ninety days of the filing date of this Decision and Order, the Clerk shall enter judgment without further order of the Court dismissing this action with prejudice due to Plaintiffs failure to state a claim upon which relief can be granted and to comply with the terms of this Decision and Order. ORDERED, that upon the timely filing of an amended complaint, the Clerk shall return the file to the Court for further review. Signed by Senior Judge Lawrence E. Kahn on 9/29/17. (served on plaintiff by regular mail)(alh, )
January 2, 2018
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JUDGMENT entered pursuant to the Decision and Order of the Honorable Senior Judge Lawrence E. Kahn, filed September 29, 2017. (served on plaintiff by regular mail) (alh, )