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15-059 - Michaels v. West et al


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15-059 - Michaels v. West et al
November 25, 2015
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REPORT AND RECOMMENDATIONS: It is RECOMMENDED that 18 Defendant's Motion to Dismiss be GRANTED and 1 the plaintiff's Complaint be DENIED and DISMISSED with prejudice. It is also RECOMMENDED that 27 the plaintiff's pending Motion to Strike be DENIED as moot. Within fourteen (14) days after being served with a copy of this Report and Recommendation, or by December 10, 2015, any party may file written objections. Failure to timely file objections to this recommendation will result in waive of the right to appeal. Signed by Magistrate Judge James E. Seibert on 11/25/2015. (copy to Pro Se Plaintiff via CM,rrr; copy to counsel of record via CM/ECF) (nmm) (Additional attachment(s) added on 11/25/2015: # (1) Certified Mail Return Receipt) (nmm).
January 7, 2016
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CF)(lmm) (Additional attachment(s) added on 1/7/2016: # (1) Certified Mail Return Receipt) (lmm).MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING MAGISTRATE JUDGE'S 30 REPORT AND RECOMMENDATION, GRANTING DEFENDANTS 18 MOTION TO DISMISS AND DENYING PLAINTIFF'S 27 MOTION TO STRIKE. It is ORDERED that this civil action be DISMISSED WITH PREJUDICE 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 1/7/16. (copies to Pro Se Plaintiff via CM/rrr; counsel via CM/E