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16-1175 - Fisher v. Miller et al

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16-1175 - Fisher v. Miller et al
January 11, 2017
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REPORT AND RECOMMENDATION: RECOMMENDED that 10 MOTION to Dismiss for Failure to State a Claim filed by Miller, Eastman be GRANTED IN PART, and that to the extent that the complaint may be read as raising a NEGLIGENCE claim, the claim may be DISMISSED as against both defendants. RECOMMENDED, that the defendants' motion to dismiss (Dkt. No. 10) be DENIED IN ALL OTHER RESPECTS. Objections to R&R due by 1/30/2017 Case Review Deadline 2/1/2017. Signed by US Magistrate Judge Andrew T. Baxter on 1/11/17. {r&r served via regular mail on plaintiff}(nas, )
February 9, 2017
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istrate Judge Baxter for the setting of pretrial scheduling deadlines. Signed by Chief Judge Glenn T. Suddaby on 2/9/17.{order served via regular mail on plaintiff} (nas, )DECISION AND ORDER: ORDERED that Magistrate Judge Baxter's Report-Recommendation (Dkt. No. 15) is ACCEPTED and ADOPTED. ORDERED that Defendants' motion to dismiss Plaintiff's Complaint for failure to state a claim upon which relief may be granted pursuant to Fed. R. Civ. P. 12(b)(6) (Dkt. No. 10) is GRANTED in part in that Plaintiff's Complaint (Dkt. No. 1) is DISMISSED to the extent that it asserts a claim of negligence. ORDERED that Defendants' motion to dismiss (Dkt. No. 10) is otherwise DENIED. ORDERED that Defendants file an answer to the Plaintiff's Complaint within 14 days of the date of this Decision & Order pursuant to Fed.R.Civ.P. Rule 12(a)(4)(a) and this case is referred back to Mag