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17-1044 - Comstock v. NexBank SSB et al


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17-1044 - Comstock v. NexBank SSB et al
January 11, 2018
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE on Motion re: 9 Motion to Dismiss filed by NexBank SSB. The Court should grant Defendant NexBank SSBs 9 MOTION to Dismiss to the extent that as to all defendants named in the complaint Plaintiff Charles M. Comstock has failed to state a claim upon which relief may be granted but also allow Comstock leave to, within a reasonable amount of time to be set by the Court, (1) file an amended complaint containing factual allegations that are sufficient enough to allege a plausible claim for relief and (2) properly serve that amended complaint on all defendants. (Ordered by Magistrate Judge David L. Horan on 1/11/2018) (epm)
February 23, 2018
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Order Accepting 14 Findings, Conclusions, and Recommendation of the United State Magistrate Judge on Motion re: 9 Motion to Dismiss. While the motion to dismiss is GRANTED as against all defendants, the Court also GRANTS Plaintiff leave to file an amended complaint within 21 days of this order. The failure to do will result in the dismissal of Plaintiffs claims with prejudice. (Ordered by Judge David C Godbey on 2/23/2018) (rekc)