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15-096 - Bender v. United States of America


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15-096 - Bender v. United States of America
July 14, 2015
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REPORT AND RECOMMENDATIONS THAT APPLICATION TO PROCEED IN FORMA PAUPERIS BE DENIED AND THAT COMPLAINT BE DISMISSED WITHOUT PREJUDICE: It is hereby RECOMMENDED that the plaintiffs Motion for Leave to Proceed in forma pauperis 8 be DENIED and his Complaint 1 be DENIED and DISMISSED without prejudice. Within fourteen (14) days after being served with a copy of this Report andRecommendation, or by7/28/2015. Signed by Magistrate Judge James E. Seibert on 7/14/15. (Attachments: # (1) Certified Mail Return Receipt)(jss)
June 9, 2017
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MEMORANDUM OPINION AND ORDER ADOPTING IN PART AND REJECTING IN PART THE REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE, AND DISMISSING PLAINTITT'S COMPLAINT WITH PREJUDICE: It is ORDERED that the Court SUSTAINS Bender's objections to the portion relating to his motion to proceed in forma pauperis; REJECTS IN PART the R&R insofar as it pertains to Bender's motion to proceed in forma pauperis; GRANTS Bender's 8 motion to proceed in forma pauperis; OVERRULES Bender's objections to the R&R insofar as they relate to his purported FTCA claim; ADOPTS the R&R insofar as it relates to that claim; and DISMISSES WITH PREJUDICE Bender's 1 Complaint and ORDERS that it be STRICKEN from the Court's active docket. The Court DIRECTS the Clerk to enter a separate judgment order. Signed by District Judge Irene M. Keeley on 6/9/17. (Attachments: # (1) Certified Mail Return Receipt)(copy Plaintiff)(cnd)