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07-1975 - Scott v. Byrnes


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07-1975 - Scott v. Byrnes
January 31, 2008
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FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE on case: It is recommended that this action be DISMISSED with prejudice as frivolous, see 28 U.S.C. §§ 1915A(b) and 1915(e)(2)(B) (i), and 42 U.S.C. § 1997e(c)(1), and that Plaintiff's motion for service (Docket #21) be DENIED. Magistrate Judge Wm F Sanderson, Jr no longer assigned to case. (Signed by Magistrate Judge Wm F Sanderson, Jr on 01/31/2008) (twd)
February 13, 2008
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ORDER: The court denies Scott's request to amend the complaint to name 62 or 67 defendants. Scott's request for leave to amend is granted to the extent that he may file a motion to amend along with a proposed amended complaint against Lt. Warnock within 30 days of the date this order is filed. This is Scott's last opportunity to state a claim on which relief can be granted. The amended complaint will replace and supersede the original and first amended complaints filed in this case. The court adopts the findings, conclusions, and recommendation of the magistrate judge to the extent of dismissing Sheriff Byrnes as a defendant. The clerk is directed to add Lt. David Warnock as a defendant. (See Order for specifics) (Signed by Judge Sidney A Fitzwater on 2/13/2008) (twd)