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15-047 - Baughman, Jr. v. Rubenstein et al


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15-047 - Baughman, Jr. v. Rubenstein et al
November 3, 2016
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11/3/2016: # (1) Certified Mail Return Receipt) (nmm).REPORT AND RECOMMENDATION: it is RECOMMENDED that 48 the Defendants' Motion to Dismiss, or in the Alternative, for Summary Judgment be GRANTED, and 1 the Plaintiff's Complaint be DENIED WITH PREJUDICE with respect to his claims against Defendants Rubenstein and Mirandy; be DENIED WITH PREJUDICE with respect to his claim that Defendant Bills failed to present the Plaintiff before the Board in a timely manner; and DENIED WITHOUT PREJUDICE with respect to Plaintiffs claim that Defendant Bills failed to correct information on the Parole Report for failure to exhaust administrative remedies. Written objections may be filed within fourteen (14) days by any party after being served with a copy of this report and recommendation. Failure to timely file objections will result in waiver of the right to appeal. Signed by Magistrate Judge Michael John Aloi on 11/3/2016. (copy to Pro Se Plaintiff via CM,rrr; copy to counsel via CM/ECF) (nmm) (Additional attachment(s) added on
February 23, 2017
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MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING 58 REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE: the defendants 48 motion to dismiss or, in the alternative, for summary judgment is GRANTED; the 1 plaintiffs complaint is DENIED WITH PREJUDICE with respect to all claims against defendants Rubenstein and Mirandy, DENIED WITH PREJUDICE with respect to the claim that defendant Bills failed to present the plaintiff before the Parole Board in a timely manner, and DENIED WITHOUT PREJUDICE with respect to the claim that defendant Bills failed to correct information on the Parole Board for failure to exhaust administrative remedies. Further, it is ORDERED that this civil action be DISMISSED and STRICKEN from the active docket of this Court. The Clerk is DIRECTED to enter judgment on this matter. Signed by Senior Judge Frederick P. Stamp, Jr. on 2/23/2017. (copy to counsel via CM/ECF; copy to Pro Se Plaintiff via CM,rrr) (nmm)