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Saunders v. Lewis

May 23, 2006

DEREK M. SAUNDERS, PLAINTIFF,
v.
TAMARA LEWIS, ET AL., DEFENDANTS.



The opinion of the court was delivered by: District Judge Thomas M. Rose

Chief Magistrate Judge Michael R. Merz

ORDER ADOPTING REPORT AND RECOMMENDATIONS

The Court has reviewed the Report and Recommendations of United States Magistrate Judge Michael R. Merz (Doc. #3), to whom this case was referred pursuant to 28 U.S.C. §636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) expired on May 12, 2006, hereby ADOPTS said Report and Recommendations.

It is therefore ORDERED that

1. All claims dated before January 4, 2004, be dismissed with prejudice;

2. All claims against all Defendants in their official capacities be dismissed without prejudice for lack of jurisdiction; and

3. All claims against all Defendants in their individual capacities other than Defendants Lewis and Harley be dismissed without prejudice for failure to state a claim upon which relief can be granted.

Judge Thomas M. Rose United States District Court

20060523

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