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16-791 - PERRIN v. IUZZOLINO et al


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16-791 - PERRIN v. IUZZOLINO et al
January 11, 2017
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REPORT AND RECOMMENDATION. It is respectfully recommended that the pending 21 Motion to Dismiss be denied, but that the Court stay and administratively close this action until Plaintiff's pending criminal proceedings have concluded. Defendants' Objections to this R&R are due by 1/25/2017. Plaintiff's Objections to this R&R are due by 1/30/2017. Signed by Magistrate Judge Cynthia Reed Eddy on 1/11/2017. (bap)
February 6, 2017
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MEMORANDUM ORDER. Defendants' Motion to Dismiss (Doc. 21) is DENIED, without prejudice to later renewal if and as appropriate; this case hereby is STAYED and ADMINISTRATIVELY CLOSED; and the Magistrate Judge's Report and Recommendation (Doc. 32) is adopted as the Opinion of the District Court. If and when Plaintiff's criminal charges are dismissed or resolved in his favor, he may file with this Court a motion to reopen his case. Finally, Defendant Matthew Truesdell's Motion (Doc. 34) for extension of time to file a responsive pleading is GRANTED, and his deadline for answering or otherwise responding to the Complaint is extended until thirty (30) days after the Court enters an order lifting the stay and reopening this case. Signed by Judge Cathy Bissoon on 2/6/17. (dcd) Staff note: a copy of this Order was sent today, via First-Class U.S. Mail, to Plaintiff's address of record.