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16-147 - Gilliam v. Crowe et al


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16-147 - Gilliam v. Crowe et al
June 22, 2016
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ENTRY AND ORDER GRANTING 7 Defendant Busy Bee Auto Parts & Towing, Inc.'s Motion to Dismiss for Failure to State a Claim and DENYING Plaintiff Mark Gilliam's Motion for Leave to Amend 10. If Gilliam wishes to assert a claim against Busy Bee, he must file a renewed motion for leave to amend with a proposed amended complaint attached within 14 days from the entry of this Order. Signed by Judge Thomas M. Rose on 6-22-2016. (de)
August 1, 2016
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ENTRY AND ORDER GRANTING IN PART DEFENDANTS' MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (DOC. 12); REMANDING THE CASE TO THE COMMON PLEAS COURT FOR MONTGOMERY COUNTY, OHIO FOR ALL FURTHER PROCEEDINGS, INCLUDING CONSIDERATIONOF PLAINTIFF'S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT (DOC. 15); AND TERMINATING THIS CASE ON THE COURT'S DOCKET: All of the claims alleged against the Sheriff Defendants in their individual and official capacities under 42 U.S.C. ยง 1983 are hereby DISMISSED. The Court REMANDS this case to the Montgomery County Court of Common Pleas for all further proceedings, including consideration of Gilliam's Motion for Leave to File Amended Complaint. Case terminated. Signed by Judge Thomas M. Rose on 7/27/2016. (ep)