Sharp v. Eovarde et al
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|Date Filed||#||Document Text|
|April 23, 2013
ORDER REFERRING CASE to Magistrate Judge Donald G. Wilkerson, COUNT 4 is DISMISSED without prejudice for failure to state a claim upon which relief may be granted. COUNTS 5, 6, 7 and 8 are DISMISSED with prejudice for failure to state a claim upon wh ich relief may be granted. Defendants VEATH and MULLER are DISMISSED from this action with prejudice. Defendants REDNOUR, ANTHONY, HARRINGTON, JOHNSON, and ASHBY are DISMISSED from the action without prejudice. IT IS FURTHER ORDERED that, should he w ish to proceed on his access to court claim against Defendant Eovarde in COUNT 4, Plaintiff shall file his First Amended Complaint, stating any facts which may exist to support this claim, within 35 days of the entry of this order. The Clerk is DIREC TED to mail Plaintiff a blank civil rights complaint form, in order to assist him in preparing an amended complaint. The Clerk of Court shall prepare for Defendants EOVARDE, SHURTZ, GOUSH, and REID: (1) Form 5 (Notice of a Lawsuit and Request to Waive Service of a Summons), and (2) Form 6 (Waiver of Service of Summons). (Action due by 5/28/2013). Signed by Judge G. Patrick Murphy on 4/23/2013. (tjk).
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