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16-202 - NICOL v. MOROCCO et al


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16-202 - NICOL v. MOROCCO et al
March 11, 2016
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REPORT AND RECOMMENDATION re 3 Complaint filed by KEVIN NICOL, recommending that the civil rights Complaint be dismissed prior to service pursuant to the screening provisions of the PLRA because the Complaint fails to state a claim upon which relief can be granted for at least two independent reasons. First, the Complaint fails to reveal action under color of federal law because Petitioner sues his attorneys and a paralegal who were involved in his criminal proceedings. Secondly, the Complaint reveals on its face that it is time-barred. Objections to R&R due by 3/28/2016. Signed by Chief Magistrate Judge Maureen P. Kelly on 3/11/2016. A copy of the Report together with this Notice of Electronic Filing are being sent to Petitioner at his address of record via first class mail. (tmr)
April 6, 2016
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ORDER adopting Report and Recommendations. 6 Report and Recommendations filed on March 11, 2016, by Chief Magistrate Judge Kelly, is adopted as the opinion of the Court. IT IS HEREBY ORDERED that the Complaint is dismissed pursuant to the Prison Litigation Reform Act for failure to state a claim upon which relief can be granted. The Clerk is to mark the case closed. Any amendment of the Complaint would be futile. Signed by Chief Judge Joy Flowers Conti on 4/6/2016. (smc)