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17-398 - Ashcroft v. Lee et al


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17-398 - Ashcroft v. Lee et al
October 24, 2017
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REPORT AND RECOMMENDATION: RECOMMENDED that defendant Lee's motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (Dkt. No. 16) be GRANTED and that plaintiff's remaining claims be dismissed with leave to amend his complaint to cure the deficiencies identified in this report. Objections to R&R due by 11/13/2017 Case Review Deadline 11/14/2017. Signed by Magistrate Judge David E. Peebles on 10/24/17. (served on plaintiff by regular mail)(alh, )
February 15, 2018
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ORDER: ORDERS that Magistrate Judge Peebles's Report and Recommendation (Dkt. No. 22) is ADOPTED in its entirety for the reasons stated therein. ORDERS that Defendant's motion to dismiss (Dkt. No. 16) is GRANTED. ORDERS that Plaintiff has THIRTY (30) DAYS to file an amended complaint. ORDERS that if Plaintiff fails to submit an amended complaint within thirty (30) days of this Order, the Clerk of the Court shall enter judgment in Defendant's favor and close this case without further order of this Court. Signed by U.S. District Judge Mae A. D'Agostino on 2/15/18. (served on plaintiff by regular mail) (alh, )