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18-246 - PEREL v. JOSEPH et al


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18-246 - PEREL v. JOSEPH et al
June 4, 2018
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REPORT AND RECOMMENDATION re 8 Amended Complaint filed by DELANO PEREL, recommending that pursuant to the screening provisions of 28 U.S.C. § 1915(e)(2)(B)(ii), the Amended Complaint be dismissed for failure to state a claim upon which relief can be granted as most of Plaintiff's claims are time-barred and his Section 1981 claims fail to state a claim against the defendants, all of whom act under color of state law as there is no private cause of action against such state actors under Section 1981. Objections to R&R for Unregistered ECF Users due by 6/21/2018. Signed by Chief Magistrate Judge Maureen P. Kelly on 6/4/2018. A copy of this Notice of Electronic Filing together with the Report and Recommendation are being sent to Plaintiff at his address of record via first class mail. (tmr)
June 28, 2018
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ORDER adopting Report and Recommendations re 9 Report and Recommendations filed on June 4, 2018, by Chief Magistrate Judge Maureen P. Kelly, is adopted as the opinion of the Court. IT IS HEREBY ORDERED that the 8 Amended Complaint is dismissed with prejudice pursuant to 28 U.S.C. §1915(e) for failure to state a claim upon which relief can be granted. The Clerk is to mark the case closed. The court certifies pursuant to 28 U.S.C. § 1915(a) that any appeal from this order would not be taken in good faith. Signed by Chief Judge Joy Flowers Conti on 6/28/018. (smc)