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16-130 - PEAY v. SAGER et al


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16-130 - PEAY v. SAGER et al
February 13, 2017
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ORDER granting 21 Motion for More Definite Statement. Plaintiff shall amend his complaint as described herein and file it with the Court within twenty-one (21) days of the date of this Order. Plaintiff shall clearly mark his complaint Amended Complaint. The amended complaint must include all of Plaintiffs claims in this action and should not refer back to the original or amended complaints. If Plaintiff fails to comply with this Order then the undersigned will recommend that this action be dismissed for his failure to prosecute. Signed by Magistrate Judge Lisa Pupo Lenihan on February 13, 2017. (kcc)
May 31, 2017
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REPORT AND RECOMMENDATION that this action be dismissed for Plaintiffs failure to prosecute. Objections to R&R due by 6/14/2017. Signed by Magistrate Judge Lisa Pupo Lenihan on 05/31/2017. (jmb)
March 2, 2018
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REPORT AND RECOMMENDATION that the Motion to Dismiss Plaintiffs Second Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) (ECF No. 50) and the Motion to Dismiss, based on Federal Rules of Civil Procedure 12(e), 8(a), 10, and 20(a) (ECF No. 59) be granted and that Plaintiffs Motion for Summary Judgment (ECF No. 70) be denied. Objections to R&R due by 3/16/2018. Objections to R&R for Unregistered ECF Users due by 3/19/2018. Signed by Magistrate Judge Lisa Pupo Lenihan on 03/02/2018. (jmb)
March 29, 2018
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ORDER adopting Report and Recommendations re 75 Report and Recommendations. Defendants Motions to Dismiss (ECF Nos. 50, 59) are granted, and Plaintiffs Second Amended Complaint is dismissed as against all Defendants for failure to state a claim. The portion of Defendant Zupsics Motion to Dismiss that was converted into a Motion for Summary Judgment on the issue of exhaustion of administrative remedies (ECF No. 50) is granted. Plaintiffs Motion for Summary Judgment (ECF No. 70) is denied. Defendants Motions are granted without prejudice to Plaintiff filing a third amended complaint within thirty (30) days of this order to cure all deficiencies. Plaintiffs amended pleading must comply with all applicable pleading rules, and the directives previously set forth in Judge Lenihans February 13, 2017 Order, and address each of the defects identified in the Report and Recommendation. The amended pleading must stand by itself without reference to earlier pleadings. Plaintiffs failure to file a third amended complaint will result in the granting of the Defendants Motions with prejudice. This case is remanded back to the Magistrate Judge for all further proceedings. Signed by Judge Barbara Rothstein on 3/29/18. (hr) Modified on 3/29/2018. (kcc)