Kleiman v. Hurley et al
ORDER ADOPTING REPORT AND RECOMMENDATION: 1) The Magistrate Judge's Report and Recommendation 9 is hereby ADOPTED as the findings of fact and conclusion of law of this Court, except that the dismissal shall be with prejudice; 2) Defts' Motion to Dismiss 3 is DENIED; 3) Pltf's claim against Defts for breach of the duty of fair representation are DISMISSED with prejudice, pursuant to Federal Rule of Civil Procedure 41(b), for failure to prosecute; and 4) This matter is STRICKEN from the active docket of the Court. Signed by Judge David L. Bunning on 1/19/2011.(ECO)cc: COR, CC mailed to Mark J. Kleinman, pro se pltf, this date.
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