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08-083 - Mitchell v. Carder et al


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08-083 - Mitchell v. Carder et al
May 9, 2008
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ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION/TEMPORARY RESTRAINING ORDER Plaintiff's Motion (Ct. Rec. 29) is DENIED without prejudice to filing a new motion once Plaintiff has filed a legally sufficient complaint. Signed by Senior Judge Fred Van Sickle. (VJ, Case Administrator)
June 16, 2008
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ORDER DENYING SECOND MOTION FOR PRELIMINARY INJUNCTION/TEMPORARY RESTRAINING ORDER AND MOTION FOR ENTRY OF DEFAULT For the reasons set forth in the courts previous Order denying Plaintiffs Motion for Preliminary Injunction/Temporary Restraining Order (Ct. Rec. 33), IT IS ORDERED the present Motion (Ct. Rec. 35) is DENIED. Plaintiff also filed a Motion for Entry of Default (Ct. Rec. 31)which he noted for hearing without oral argument on June 2, 2008. In light of the courts directive to Mr. Mitchell to either amend or voluntarily dismiss this action, Defendants have not been required to file an answer. Accordingly, IT IS ORDERED the Motion (Ct. Rec. 31) is DENIED as moot. Signed by Senior Judge Fred Van Sickle. (VJ, Case Administrator)
August 7, 2008
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ORDER DISMISSING FIRST AMENDED COMPLAINT AND DENYING MOTION FOR SUMMARY JUDGMENT 1915(g) - Plaintiff Warned Re 28:USC 1915(g). Although granted numerous opportunities to do so, Plaintiff has failed to present a complaint which states a claim upon which relief may be granted against named Defendants. IT IS ORDERED the First Amended Complaint (Ct. Rec. 60) is DISMISSED with prejudice under 28U.S.C. ยงยง 1915(e)(2) and 1915A(b)(1). IT IS FURTHER ORDERED Plaintiffs Motion for Summary Judgment (Ct. Rec. 61) is DENIED as moot. Judgment entered and file closed. A copy of this order mailed to Attorney General's office. Signed by Senior Judge Fred Van Sickle. (VJ, Case Administrator)