Gardner v. Hastings et al
||Kevin Donald Gardner
||Robert Hastings and Lawrence Cottrell
||September 30, 2009
||US District Court for the Middle District of Florida
||Elizabeth A. Kovachevich
||Thomas G. Wilson
|Nature of Suit:
|Cause of Action:
||42 U.S.C. § 1983 Civil Rights Act
|Jury Demanded By:
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|October 30, 2009
ORDER that the report and recommendation, October 6, 2009 4 be adopted and incorporated by reference; the Court dismisses the complaint as it fails to state a cause of action upon which relief could be granted; the plaintiff has up to and includin g November 16, 2009, to file an amended complaint; the assigned magistrate judge shall review the amended complaint to determine if it should go forward and if it is to go forward, the magistrate judge shall consider and rule on the motion to proceed in forma pauperis. If the plaintiff fails to file a timely amended complaint the case will be dismissed without further notice. Signed by Judge Elizabeth A. Kovachevich on 10/30/2009. (SN)
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