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16-1038 - White v. Golden Chicken


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16-1038 - White v. Golden Chicken
June 15, 2016
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: It is recommended that this action be summarily DISMISSED WITH PREJUDICE for failure to state a claim upon which relief can be granted. See 28 U.S.C. ยง 1915(e)(2)(B). (Ordered by Magistrate Judge Renee Harris Toliver on 6/15/2016) (mcrd)
July 12, 2016
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ORDER: After reviewing the pleadings, record in this case, and Report, and having conducting a de novo review of that portion of the Report to which objection was made, the court determines that the 11 findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. Accordingly, the court overrules Plaintiff's objections and dismisses with prejudice this action for failure to state a claim, as Plaintiff's claims are time-barred and equitable tolling is not warranted. The court prospectively certifies that any appeal of this action would not be taken in good faith. (Ordered by Judge Sam A Lindsay on 7/12/2016) (bdb)