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15-818 - Burroughs v. Petrone et al


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15-818 - Burroughs v. Petrone et al
July 15, 2016
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REPORT AND RECOMMENDATION: RECOMMENDED, that defendants' motion to dismiss (Dkt. No. 27) be DENIED AS TO DEFENDANT PETRONE, BALDWIN, MORRIS, and STETZ, and it is RECOMMENDED, that defendants' motion to dismiss (Dkt. No. 27) be GRANTED AS TO DEFENDANT FISCHER, and the complaint DISMISSED WITHOUT PREJUDICE to plaintiff submitting a proposed amended complaint, amending or supplementing only allegations as to the personal involvement of defendant Fischer with respect to the alleged retaliatory misbehavior report issued by defendant Petrone on July 7, 2012. Any proposed amended complaint must completely supercede the original and should include only the claims that remain in this action after Judge Hurd's October 15, 2015 order, in addition to any amended allegations relating to the personal involvement of defendant Fischer. Plaintiff should not repeat any of the dismissed claims in the amended complaint. Objections to R&R due by 8/1/2016 Case Review Deadline 8/5/2016. Signed by US Magistrate Judge Andrew T. Baxter on 7/15/16. (served on plaintiff by regular mail)(alh, )
September 26, 2016
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DECISION AND ORDER: ORDERED that 67 Report and Recommendation is accepted in whole. ORDERED that Defendants' motion to dismiss (ECF No. 27) is DENIED as to defendants Petrone, Baldwin, Morris and Stetz; Defendants' motion to dismiss (ECF No. 27) is GRANTED as to defendant Fischer, and the complaint DISMISSED WITHOUT PREJUDICE to plaintiff submitting a proposed amended complaint on or before October 26, 2016, amending or supplementing only allegations as to the personal involvement of defendant Fischer with respect to the alleged retaliatory misbehavior report issued by defendant Petrone on July 7, 2012. Any proposed amended complaint must completely supercede the original complaint and should include only the claims that remain in this action after this Court's October 15, 2015 order, in addition to any amended allegations relating to the personal involvement of defendant Fischer. Plaintiff should not repeat any of the dismissed claims in the amended complaint. Signed by Judge David N. Hurd on 9/26/16.{order served via regular mail on plaintiff} (nas, )