LaBombard v. Burroughs-Biron et al
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|Date Filed||#||Document Text|
|June 2, 2010
ORDER ADOPTING 26 CORRECTED REPORT AND RECOMMENDATION : 20 Motion for Conversion of Defendant's 9 Motion to Dismiss to a Motion for Summary Judgment is GRANTED and 9 Motion is GRANTED; 21 Motion for Leave to Amend Complaint is DENIED a s moot; 24 Motion to Strike Plaintiff's Surreply is DENIE; because plaintiff has failed to exhaust his administrative remedies, this case is DISMISSED without prejudice. A certificate of appealability is DENIED because the petitioner has fail ed to make a substantial showing of denial of a federal right. Furthermore, it is certified that any appeal of this matter would not be taken in good faith, pursuant to 28 U.S.C. §1915(a)(3). Signed by Judge William K. Sessions III on 6/1/2010. (law)
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