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16-1232 - BOOZER v. RIGGENBACH et al


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16-1232 - BOOZER v. RIGGENBACH et al
January 29, 2018
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REPORT AND RECOMMENDATION re 34 DOC Motion to Dismiss and 38 Medical Defendants' Motion to Dismiss. It is recommended that the motions to dismiss be granted to the extent that Plaintiff's Amended Complaint 24 should be stricken for Plaintiff's failure to comply with the threshold requirements of the Federal Rules of Civil Procedure. See R&R for further discussion. Plaintiff's objections, if any, due by 2/16/2018. Defendants' objections, if any, due by 2/13/2018. Signed by Magistrate Judge Cynthia Reed Eddy on 1/29/2018. (bsc)
March 6, 2018
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Second Amended Complaint. Plaintiff need file only one copy of his Second Amended Complaint. He should not mail any copies to the other parties in this lawsuit as Defendants will receive a copy electronically through the Court's ECF system. Plaintiff shall have until March 26, 2018, to file his Second Amended Complaint with the Court. No further extensions will be granted without good cause, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 2/28/2018. (dlg)MEMORANDUM ORDER - it is hereby Ordered that Defendants' motions to dismiss (ECF Nos. (34 and 38) are GRANTED to the extent that Plaintiff's Amended Complaint (ECF No. 24) is stricken; IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 52) dated January 29, 2018, is ADOPTED as the Opinion of the Court; Plaintiff's motion for an extension of time to file a Second Amended Complaint (ECF No. 53) is GRANTED IN PART AND DENIED IN PART. The Motion is GRANTED to the extent that Plaintiff is granted leave to file a Second Amended Complaint. Plaintiff is cautioned that if the Second Amended Complaint does not comply with the Federal Rules of Civil Procedure, as described in the report and recommendation, the complaint will be dismissed for failure to comply with a Court order. Plaintiff is also reminded that to the extent that he believes that he has been subjected to more than one violation of his constitutional rights, and to the extent those violations are unrelated to each other, he should file separate complaints addressing each violation along with separate motions to proceed in forma pauperis; and Plaintiff's motion is DENIED to the extent that Plaintiff has requested 90 days to file the