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17-009 - Vassell v. O'Brien

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17-009 - Vassell v. O'Brien
January 31, 2018
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REPORT AND RECOMMENDATIONS. The undersigned recommends that the Respondent's 11 Motion to Dismiss be GRANTED and that the amended 4 petition be DENIED and DISMISSED without prejudice. Within fourteen (14) days after being served with a copy of this Recommendation, any party may file with the Clerk of the Court, written objections. The Clerk is directed to terminate the Magistrate Judges association with this case. Signed by Magistrate Judge Michael John Aloi on 1/31/18. (lmm)
March 19, 2018
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to enter judgment on this matter. Signed by Senior Judge Frederick P. Stamp, Jr. on 3/19/2018. (copy to counsel via CM/ECF) (nmm)MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING 16 REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE AND OVERRULING 17 PETITIONERS OBJECTIONS: the respondents 11 motion to dismiss is GRANTED. It is further ORDERED that this case be DISMISSED WITHOUT PREJUDICE and STRICKEN from the active docket of this Court. Should the petitioner choose to appeal the judgment, he is ADVISED that he must file a notice of appeal within 60 days after the date of entry of this Order. The Clerk is DIRECTED