Kendall v. Boise, City of et al
| Gary Kendall |
| Boise, City of, Mary Elizabeth Watson, Cary B Colaianni, Jim A Birdsall, Jeff Street, Tami Dodel, David H Bieter, David Eberle, Elaine Clegg, Vern Bisterfeldt, Maryanne Jordan, Alan Shealy and Jim Tibbs |
| 1:2009cv00306 |
| June 22, 2009 |
| US District Court for the District of Idaho |
| Boise - Southern Office |
| Ada - Southern |
| Ronald E Bush |
| Mikel H. Williams |
| None |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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Filing
12
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 10 Report and Recommendations, IT IS THEREFORE ORDERED: 1. The claims based on violations of 24 C.F.R. §§ 401.200, 401.311, 901.1, and 901.200, are dismissed without prejudice; 2. All claims b ased on criminal statutes are dismissed with prejudice; 3. Plaintiffs equal protection claim is dismissed without prejudice; 4. The following Defendants, in their official and individual capacities, are dismissed from this lawsuit: Cary B. Colaianni, City Attorney; Jim A. Birdsall, Boise City Housing and Development Manager; Jeff Street, Boise City Housing Manager; Tami Dodel, Boise City Housing Property Manager; David H. Beiter, Mayor; David Eberle, Councilperson; Elaine Clegg, Councilperson; Vern Bisterfeldt, Councilperson; Maryanne Jordan, Councilperson; Alan Shealy, Councilperson; and Jim Tibbs, Councilperson; and 5. Plaintiff is granted leave to file an amended complaint that incorporates the rulings of this Order and the Report and R ecommendation on or before September 30, 2010. No new claims for relief will be entertained by the Court. If Plaintiff fails to file an amended complaint, this matter may be dismissed without further notice.. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)
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