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16-403 - Scott et al v. Uhler et al


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16-403 - Scott et al v. Uhler et al
February 8, 2017
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REPORT-RECOMMENDATION AND ORDER: RECOMMENDED that 35 MOTION to Dismiss for Failure to State a Claim be GRANTED. RECOMMENDED, that if this Report-Recommendation and Order is adopted, plaintiffs be given thirty (30) days from any such order allowing for an opportunity to amend the complaint. Objections to R&R due by 2/27/2017 Case Review Deadline 3/1/2017. Signed by Magistrate Judge Christian F. Hummel on 2/8/17. (Attachments: # (1) case law cited){r&r served via regular mail on plaintiffs}(nas, )
March 17, 2017
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DECISION AND ORDER: ORDERED that the Court accepts and adopts Magistrate Judge Hummel's February 8, 2017 Report-Recommendation and Order, Dkt. No. 47, in its entirety. Accordingly, defendants' motion for dismissal (Dkt. No. 35) is GRANTED, and the Complaint is DISMISSED. Plaintiffs are given leave of thirty (30) days in which to file an amended complaint. Plaintiffs are advised that if they file an amended complaint, they must properly allege in the amended complaint all factual bases for all claims asserted therein. The failure to file an amended complaint within this time frame will be deemed as an abandonment of the dismissed claims, and a "with prejudice" dismissal will be entered on the Court's docket on the dismissed claims without further order by the Court. Signed by Senior Judge Thomas J. McAvoy on 3/17/17. {order served via regular mail on plaintiffs}(nas, )