Gharrett v. Butler et al
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|Date Filed||#||Document Text|
|August 3, 2018
ORDER REFERRING CASE to Magistrate Judge Donald G. Wilkerson. IT IS HEREBY ORDERED that COUNT 1 shall PROCEED against BUTLER, JOHN DOES 1 and 2, JANE DOE 7, and COWAN and is DISMISSED without prejudice against JOHN DOES 3-6 for failure to state a c laim upon which relief may be granted. IT IS FURTHER ORDERED that JOHN DOES 3-6 are DISMISSED from this action for failure to state a claim upon which relief may be granted. IT IS ORDERED that as to COUNT 1, the Clerk of Court shall prepare for BUTLE R, COWAN, JOHN DOES 1 and 2 (once identified), and JANE DOE 7 (once identified): (1) Form 5 (Notice of a Lawsuit and Request to Waive Service of a Summons), and (2) Form 6 (Waiver of Service of Summons). Signed by Judge Nancy J. Rosenstengel on 8/3/2018. (tkm)
|April 27, 2018
IT IS HEREBY ORDERED that the Complaint (Doc. 1) is DISMISSED without prejudice for failure to state a claim upon which relief may be granted. IT IS FURTHER ORDERED that Defendants JOHN/JANE DOES and BUTLER are dismissed without prejudice for failure to state a claim upon which relief may be granted. IT IS FURTHER ORDERED that, should he wish to proceed with this case, Plaintiff shall file a First Amended Complaint, stating any facts which may exist to support a failure to protect claim, withi n 28 days of the entry of this order (on or before May 25, 2018). Should Plaintiff fail to file his First Amended Complaint within the allotted time or consistent with the instructions set forth in this Order, the entire case shall be dismissed with prejudice for failure to comply with a court order and/or for failure to prosecute his claims. (Amended Pleadings due by 5/25/2018). Signed by Judge Nancy J. Rosenstengel on 4/27/2018. (tjk)
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