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07-158 - Cuellar v. Livingston et al


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07-158 - Cuellar v. Livingston et al
March 6, 2008
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REPORT AND RECOMMENDATION - Recommended by Mag Judge to Dist Judge that the civil rights claims filed by pltf against dft Uy be dismissed with prejudice as frivolous and against dfts, Musz, Rodeen and Livingston be dismissed without prejudice for failure to state a claim on which relief can be granted. Pltf may choose to submit an amended complaint curing the defects identified above on or before expiration of the period for filing Objections to this R&R. Any objections must be filed on or before the 14th day after this recommendation is filed as indicated by the "entered" date. (Signed by Magistrate Judge Clinton E Averitte on 3/6/08) (plh)
April 4, 2008
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ORDER OF DISMISSAL - This Court hereby does adopt the 19 Report and Recommendation. Ordered that this civil rights complaint is dismissed with prejudice as frivolous and without prejudice for failure to state a claim on which relief can be granted. (Signed by Judge Mary Lou Robinson on 4/4/08) (plh)