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16-176 - Pham v. Saad et al


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16-176 - Pham v. Saad et al
January 24, 2018
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REPORT AND RECOMMENDATIONS. It is the undersigned's recommendation that the Defendants Wagner and Rice's 35 Motion to Dismiss, herein construed as a Motion for Summary Judgment be GRANTED and Plaintiff's 1 Complaint be DISMISSCertified Mail Return Receipt) (lmm).ED without prejudice as to them; Defendants Saad, Potter, and Kirkland's 27 Motion to Dismiss or Alternatively, Motion for Summary Judgment be GRANTED and that the Plaintiff's Complaint be DENIED and DISMISSED with prejudice as to them. The undersigned recommends that Plaintiff's pending 33 Motion to Hold 28 U.S.C. § 1331 Bivens Suit in Abeyance Pending 28 U.S.C. § 2241 Outcome be DENIED as moot. Within fourteen (14) days after being served with a copy of the Report and Recommendation, any party may file with the Clerk of the Court written objections. Signed by Magistrate Judge Michael John Aloi on 1/24/18. (Pro Se Plaintiff via CM/rrr) (lmm) (Additional attachment(s) added on 1/24/2018: # (1)
March 19, 2018
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MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING 44 REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE, GRANTING DEFENDANTS' 35 MOTION TO DISMISS CONSTRUED AS A MOTION FOR SUMMARY JUDGMENT AND DISMISSING PLAINTIFF'S 1 COMPLAINTrederick P. Stamp, Jr. on 3/19/18. (Pro Se Petitioner via CM/rrr) (lmm) (Additional attachment(s) added on 3/19/2018: # (1) Certified Mail Return Receipt) (lmm). WITHOUT PREJUDICE AS TO WAGNER AND RICE, GRANTING DEFENDANTS' 27 MOTION T0 DISMISS OR ALTERNATIVELY, MOTION FOR SUMMARY JUDGMENT AND DISMISSING PLAINTIFF'S COMPLAINT WITH PREJUDICE AS TO SAAD, POTTER, AND KIRKLAND, DENYING PLAINTIFF'S 33 MOTION TO HOLD SUIT IN ABEYANCE AS MOOT, OVERRULING PLAINTIFF'S 46 OBJECTIONS AND DENYING PLAINTIFF'S 47 MOTION FOR VOLUNTARY DISMISSAL. The Clerk is DIRECTED to enter judgment on this matter. Signed by Senior Judge F