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16-180 - Townsend v. Gyorko et al

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16-180 - Townsend v. Gyorko et al
January 16, 2018
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case. Signed by Magistrate Judge Michael John Aloi on 01/16/2018. (Copy via certified mail to PS Petitioner.)(wrr) (Additional attachment(s) added on 1/16/2018: # (1) Certified Mail Return Receipt) (wrr).REPORT AND RECOMMENDATION. It is recommended that Defendants Motion to Dismiss or, Alternatively, Motion for Summary Judgment [ECF No. 34 be GRANTED and Plaintiffs complaint [ECF No. 1 be DENIED and DISMISSED with prejudice and that Plaintiffs pending Motion for Summary Judgment [ECF No. 39] contained within his response in opposition to the Defendants dispositive motion be DENIED as moot. Within fourteen (14) days after being served with a copy of this Report and Recommendation, any party may file with the Clerk of Court written objections identifying those portions of the recommendation to which objection is made and the basis for such objections. The Clerk is directed to terminate the Magistrate Judges association with this
March 5, 2018
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039;s active docket. Signed by Senior Judge Irene M. Keeley on 3/5/18. (Attachments: # (1) Certified Mail Return Receipt)(copy Plaintiff)(cnd)ORDER ADOPTING REPORT AND RECOMMENDATION: It is ORDERED that Magistrate Judge Aloi's 46 Report and Recommendation is ADOPTED; Defendants' 34 Motion to Dismiss for failure to State a Claim or, in the alternative, Motion for Summary Judgment is GRANTED; Plaintiff's 39 Motion for Summary Judgment is DENIED AS MOOT; and Plaintiff's 1 Complaint is DISMISSED WITHOUT PREJUDICE. The Clerk is DIRECTED to enter a separate judgment order and remove this case from the Court&#