Roca v. Stalder et al

Filing 27

RULING Adopting 26 Report and Recommendations of the U.S. Magistrate Judge. 25 Motion for Summary Judgment filed by Cesar Roca is denied, and summary judgment be granted, sua sponte, in favor of the defendants, dismissing the plaintiffs claims, w ith prejudice, for failure to state a claim upon which relief may be granted. Defendants are hereby assessed the plaintiff's costs in this case, in accordance with FRCP Rule 16(f), and this action shall be dismissed. The defendants are directed to file a certificate of compliance indicating that they have paid the plaintiff's court costs and have reimbursed any costs which he may have previously paid. Signed by Judge James J. Brady on 12/13/10. (BP)

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