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14-056 - Milhouse v. O'Brien et al


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14-056 - Milhouse v. O'Brien et al
May 7, 2014
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REPORT AND RECOMMENDATION THAT APPLICATION TO PROCEED IN FORMA PAUPERIS BE DENIED AND THAT COMPLAINT BE DISMISSED WITHOUT PREJUDICE re: 1, 7 Complaint, 8 Motion for Leave to Proceed in Forma Pauperis, 11 Amended Complaint, and 13 Motion to Proceed Pursuant to Imminent Danger: The Magistrate Judge RECOMMENDS that Plaintiff's 1, 7 Complaint and 11 Amended Complaint be denied and dismissed without prejudice as frivolous and for failure to state a claim, Plaintiff's 8 Motion for Leave to Proceed in Forma Pauperis be denied, Plaintiff's 13 Motion to Proceed Pursuant to Imminent Danger be denied as frivolous and as moot. Objections to R&R due within 14 days, or by 5/21/2014. Signed by Magistrate Judge James E. Seibert on 5/7/14. (Attachments: # (1) Certified Mail Return Receipt)(copy Plaintiff)(cnd)
March 3, 2015
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MEMORANDUM OPINION AND ORDER GRANTING REQUEST FOR REINSTATEMENT OF FIRST AMENDED COMPLAINT; GRANTING MOTION TO ADD EXHIBITS IN SUPPORT OF OBJECTIONS; GRANTING IN PART MOTION TO PROCEED PURSUANT TO IMMINENT DANGER; ADOPTING IN PART REPORT AND RECOMMENDATION; DISMISSING WITH PREJUDICE CLAIMS PROCEEDING WITHOUT PREPAYMENT OF FEE FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED; DISMISSING WITHOUT PREJUDICE CLAIMS SUBJECT TO DISMISSAL BASED ON FAILURE TO PAY FILING FEE: It is ORDERED that Plaintiff's 8 Motion for Leave to Proceed in forma pauperis is granted in part; 13 Motion to Proceed Pursuant to Imminent Danger is granted in part; Magistrate Judge Seibert's 15 Report and Recommendation is adopted in part; 19 Motion to Add Exhibits in Support of Objections is granted; 22 Motion for Reinstatement of First Amended Complaint is granted; the portion of Plaintiff's complaint alleging past misconduct because he has failed to pay the requisite filing fee is dismissed without prejudice; the portion of Plaintiff's complaint alleging future risk of harm and seeking prospective relief because he has failed to state a claims upon which such relief can be granted is dismissed with prejudice. The Clerk shall enter a separate judgment order and remove this case from the active docket. Signed by District Judge Irene M. Keeley on 3/3/15. (Attachments: # (1) Certified Mail Return Receipt)(copy Plaintiff)(cnd)
July 28, 2017
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MEMORANDUM OPINION AND ORDER DENYING MOTION TO SET ASIDE JUDGMENT, TO PROCEED IN FORMA PAUPERIS, AND TO AMEND OR CORRECT COMPLAINT: It is ORDERED that Plaintiff's 34 Motion to Set Aside Judgment, for Leave to Proceed in forma pauperis, and to Amend/Correct Complaint is hereby DENIED. Signed by District Judge Irene M. Keeley on 7/28/17. (Attachments: # (1) Certified Mail Return Receipt)(copy Plaintiff)(cnd)