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16-010 - Patton v. Kimbell


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16-010 - Patton v. Kimbell
July 11, 2017
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REPORT AND RECOMMENDATIONS: The undersigned recommends that the Defendants motion 48 be GRANTED to the extent it seeks a Motion to Dismiss; and be DENIED AS MOOT to the extent it seeks a Motion for Summary Judgment; the Plaintiffs 1 Complaint be DISMISSED; The Plaintiffs 63 Motion for Leave to Reply be DENIED AS MOOT. Within fourteen days after being served with a copy of this report and recommendation, any party may file with the Clerk of Court written objections. Signed by Magistrate Judge Michael John Aloi on 7/11/17. (Attachments: # (1) Certified Mail Return Receipt)(jss)
July 27, 2017
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ORDER ADOPTING 65 REPORT AND RECOMMENDATIONS: granting 48 Motion to Dismiss for failure to State a Claim; finding as moot 48 Motion for Summary Judgment; denying as moot 63 Motion for Leave to File. The plaintiffs Objections [Doc. 67 are OVERRULED. This Court ORDERS that the Complaint [Doc. 1 be DISMISSED WITH PREJUDICE for failure to state a claim upon which relief can be granted. This Court further DIRECTS the Clerk to enter judgment in favor of the defendant and to STRIKE this case from the active docket of this Court. Signed by District Judge John Preston Bailey on 7/27/17. copy mailed to pro se pla via cert. return rec't mail(njz) (Additional attachment(s) added on 7/27/2017: # (1) Certified Mail Return Receipt) (njz).