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08-360 - Perkins v. Hall et al


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08-360 - Perkins v. Hall et al
October 28, 2008
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REPORT AND RECOMMENDATIONS re 6 IT IS THEREFORE RECOMMENDED THAT:1. Plaintiffs Complaint be DISMISSED without prejudice; 2. The Court certify pursuant to 28 U.S.C. 1915(a)(3) that for the foregoing reasons an appeal of an Order adopting this Report and Recommendations would not be taken in good faith, and consequently, leave for Plaintiff to appeal in forma pauperis should be denied; and 3. The case be terminated on the docket of this Court. Objections to R&R due by 11/17/2008. Signed by Magistrate Judge Sharon L Ovington on 10/28/2008. (jdf1)
November 12, 2008
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DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. 7) IN THEIR ENTIRETY AND OVERRULING PLAINTIFFS OBJECTIONS (DOCS. 8 AND 9 THERETO); CAPTIONED CAUSE DISMISSED, WITHOUT PREJUDICE, FOR FAILURE TO STATE CLAIM UPON WHICH RELIEF CAN BE GRANTED, AS BARRED BY PREVAILING CASE LAW; JUDGMENT TO ENTER ACCORDINGLY; ANTICIPATED MOTION FOR LEAVE TO APPEAL IN FORMA PAUPERIS DENIED; TERMINATION ENTRY. Signed by Judge Walter H Rice on 11/12/2008. (jdf1)