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16-152 - McGraw v. Heaton


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16-152 - McGraw v. Heaton
March 9, 2017
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REPORT AND RECOMMENDATION TO GRANT DEFENDANT'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND DENY PLAINTIFF'S MOTION TO REMAND re: 5 Motion to Dismiss filed by Jason Heaton, 8 Motion to Remand filed by Michael McGraw. (Ordered by Magistrate Judge Clinton E. Averitte on 3/9/2017) (daa)
March 27, 2017
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ORDER OF DISMISSAL -- This Court, therefore, does hereby ADOPT the Report and Recommendation of the United States Magistrate Judge in this case. IT IS THEREFORE ORDERED that Defendant HEATON's Motion to Dismiss be GRANTED. It is ORDERED that the civil complaint by plaintiff MICHAEL McGRAW be DISMISSED WITHOUT PREJUDICE FOR FAILURE TO STATE A CLAIM, and DISMISSED WITH PREJUDICE AS FRIVOLOUS. It is ORDERED that plaintiff's Motion to Remand be DENIED. (Ordered by Senior Judge Mary Lou Robinson on 3/27/2017) (awc)