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07-368 - Nagy v. George et al


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07-368 - Nagy v. George et al
June 30, 2007
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE the Court recommends that Defendant Kathleen Kennedy's Motion to Dismiss (Doc. # 38) be granted. The Court should dismiss without prejudice Plaintiff's claims under 42 U.S.C. §§ 1983, 1985, 1986, and 28 U.S.C. § 1343 asserted against Attorney Kennedy under Rule 12(b)(1) for lack of jurisdiction. It should further dismiss Plaintiff's claims under 10 U.S.C. § 1054, and 18 U.S.C. §§ 372, 1514, with prejudice for failure to state a claim. In addition, the Court should sua sponte dismiss Plaintiff's claims under 10 U.S.C. §1054, 18 U.S.C. §§ 372, 1514, 42 U.S.C. §§ 1983, 1985, 1986, and 28 U.S.C. §1343 as alleged against all Defendants. The Court further recommends that Plaintiff's pendent state law claims against all Defendants be dismissed without prejudice. The Court further recommends that the Motion to Dismiss (Doc. # 8) and Motion for Rule 7 Reply (Doc. # 22) by Defendant Blakeley Hall; Defendant The Honorable Judge H.G. Andrews' Motion for Partial Dismissal and Motion for Rule 7 Reply (Doc. # 10); and Defendants Honorable Galen Ray Sumrow, Motion for Partial Dismissal and Motion for Rule 7 Reply (Doc. # 30) be DENIED as moot. Furthermore, the Court recommends that Defendants Wells Fargo Bank N.A. and Barrett Burke Wilson Castle Daffin&Frappier, L.L.P.'s Rule 21 Motion to Sever Claims and Rule 12(b)(1)Motion to Dismiss for Lack of Subject-Matter Jurisdiction (Doc. # 74) be DENIED as moot. The Court recommends that ACS' Motion to Dismiss Pursuant to FRCP 12(b)(5) (Doc. # 33) be DENIED, but that service of process on Defendant ACS be quashed and Plaintiff be given an extension until September 15, 2007, to file proof of service with the Clerk of the Court. In light of the foregoing recommendations, the only claim remaining for trial is Plaintiff's alleged employment discrimination claim against Defendant ACS. (Signed by Judge Irma C Ramirez on June 30, 2007) (mfw)
July 23, 2007
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ORDER ADOPTING 77 Findings and Recommendation of the United States Magistrate Judge. Plaintiff's 80 Objection's are OVERRULED. All of Plaintiff's claims are DISMISSED. Remaining for trial are the alleged violations of Title VII against Defendant Affiliated Computer Services, Inc. (Signed by Judge Ed Kinkeade on 7/23/2007) (mfw) Modified on 7/25/2007 (mfw).
September 28, 2007
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ORDER GRANTING 84 Motion for Leave to Proceed in forma pauperis filed by Joseph Eugene Nagy on appeal. (Signed by Judge Ed Kinkeade on 9/28/07) (jmr)
February 29, 2008
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FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS: The Court recommends that Defendant Affiliated Computer Services, Inc.'s 88 Motion to Dismiss or, in the Alternative, for Summary Judgment be GRANTED. Plaintiff's Title VII claims against Defendant ACS should be DISMISSED, with prejudice. (Signed by Magistrate Judge Irma C Ramirez on 2/29/2008) (twd)
March 12, 2008
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ORDER ADOPTING 101 Findings and Recommendation of the of the United StatesMagistrate Judge. Plaintiff's Notice of Removal, filed on March 11, 2008, is STRICKEN from the record in this case. (See ORDER for specifics) (Signed by Judge Ed Kinkeade on 3/12/2008) (mfw)