Root v. Pallito
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|Date Filed||#||Document Text|
|November 5, 2012
ORDER AFFIRMING, APPROVING and ADOPTING the Magistrate Judge's 11 Report and Recommendation: 9 Motion to Dismiss filed by Andrew Pallito is GRANTED and this case is DISMISSED without prejudice. Plaintiff Root shall file an Amended Complaint by 12/5/2012. Failure to file an amended complaint shall result in the dismissal of this case with prejudice. It is further taken that any appeal taken in forma pauperis from this Order would not be taken in good faith because such an appeal would be frivolous. Signed by District Judge J. Garvan Murtha on 11/5/2012. (kak)
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