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07-091 - BENNETT v. CAPTAIN D. BENNETT et al


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07-091 - BENNETT v. CAPTAIN D. BENNETT et al
March 3, 2008
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REPORT AND RECOMMENDATION re 35 First MOTION to Dismiss for Lack of Jurisdiction filed by LIEUTENANT J. LEEMHUIS, D. CRIBBS, LIEUTENANT W. SWARDEN, CAPTAIN D. BENNETT, MRS. MARIA DAWSON, RANDY POLLOCK, M. MILLWARD, MS. J. PASSMORE, CORNELL COMPANIES, INC., MR. DAVID B. HOCKENBERRY, MS. M. HARDING, MR. J. ABRAHAM, 39 MOTION to Amend/Correct 6 Complaint, filed by TONY C. BENNETT, recommending that the Motion to Dismiss 35 be granted and the Motion to Amend 39 be denied. It is also recommended that the Court decline to exercise pendent jurisdiction over the Plaintiffs state law claims. Objections to the R&R are due by 3/20/2008. Signed by Judge Francis X. Caiazza on 3/3/08. (jhi)
May 6, 2008
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MEMORANDUM ORDER granting 35 Motion to Dismiss; denying 39 Motion to Amend Complaint; 46 Report and Recommendation of Magistrate Judge Caiazza, dated 3/3/2008, is adopted as the opinion of the Court. The Clerk is to mark the case CLOSED, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 5/6/2008. (dlg)