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16-1335 - Elleby v. Martucello et al


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16-1335 - Elleby v. Martucello et al
October 20, 2017
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REPORT AND RECOMMENDATION: RECOMMENDED that defendants' motion to dismiss (Dkt. No. 25) be GRANTED and plaintiff's complaint be DISMISSED, with leave to replead, except as to his request for prospective injunctive relief, within thirty days of any decision adopting this report. Objections to R&R due by 11/6/2017 Case Review Deadline 11/13/2017. Signed by Magistrate Judge David E. Peebles on 10/20/17. {r&r served via regular mail on plaintiff}(nas, )
January 29, 2018
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MEMORANDUM-DECISION AND ORDER: ORDERS that Magistrate Judge Peebles' Report and Recommendation (Dkt. No. 39) is ADOPTED in its entirety. ORDERS that Defendants' motion for to dismiss (Dkt. No. 25) is GRANTED. ORDERS that Plaintiff's complaint (Dkt. No. 1) is DISMISSED with leave to replead, except as to his request for prospective injunctive relief, within THIRTY (30) DAYS of this Memorandum-Decision and Order. ORDERS that, if Plaintiff fails to file an amended complaint within thirty (30) days of the filing of this Memorandum-Decision and Order, the Clerk of the Court is directed to enter judgment in Defendants' favor and close this case, without further order from the Court. Signed by U.S. District Judge Mae A. D'Agostino on 1/29/18. {order served via regular mail on plaintiff}(nas, )