JOHNSON v. DEMICO et al
| LARRY O. JOHNSON |
| DENNIS DEMICO and M. OLIVEIRA |
| 2:2010cv02265 |
| May 3, 2010 |
| US District Court for the District of New Jersey |
| Newark Office |
| Essex |
| Faith S. Hochberg |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
9
MEMORANDUM OPINION and ORDER reopening action, etc.; for purposes of the Instant Matter (10-2265), Pltf's letter (doc #8), is construed as Pltf's first amended complaint; Pltf's first amended complaint is Dismissed for failure to state a claim upon which relief can be granted; Clerk shall administratively terminate the Instant Matter (10-2265), etc.; Pltf may have the Instant Matter (10-2265) reopened if, within 45 days from date of entry of this Memorandum Opinion & Order, Pltf files his second amended complaint detailing solely the facts of his "phone list" and ETS claims that were dismissed without prejudice, etc.. Signed by Judge Faith S. Hochberg on 8/31/11. (jd, )
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Filing
5
OPINION AND ORDER; ORDER Granting IFP and directing the Clerk to file the Complaint; ORDERED that the Clerk shall reopen this matter by making a new and separate entry on the docket reading CIVIL CASE REOPENED; ORDERED that Plaintiffs complaint, Dock et Entry No. 1, is dismissed; ORDERED that Plaintiffs challenges based on the alleged lack of Defendant Demicos responses to Plaintiffs grievances are dismissed with prejudice; ORDERED that Plaintiff's challenges based on the alleged Defendant O liveiras refusal to put Plaintiffs name on the phone list" are dismissed without prejudice, etc.,ORDERED that, within forty-five days from the date of entry of this Memorandum Opinion and Order, Plaintiff shall file an amended complaint detailin g solely the facts of the two above-stated lines of challenges that were dismissed without prejudice ORDERED that the Clerk shall administratively terminate this matter, by making a new and separate entry on the docket reading CIVIL CASE TERMINATED, subject to reopening upon timely receipt of Plaintiffs amended complaint; ORDERED that the Clerk shall serve a copy of this MemorandumOpinion and Order upon Plaintiff, together with a blank civil complaint (which Plaintiff may utilize for the purposes of producing his amended complaint, by certified mail, return receipt requested. Signed by Judge Faith S. Hochberg on 6/1/2011. (ld, ) Modified on 6/2/2011 (ld).
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