Botley v. Edwards et al
Filing 25
VACATED JUDGMENT ADOPTING #24 Report and Recommendations. IT IS ORDERED that plaintiff's civil rights action as to all defendants EXCEPT defendant Kurtz, is DISMISSED WITH PREJUDICE, as frivolous and for failing to state a claim on which relief may be granted pursuant to the provisions of 28 U.S.C. Section 1915(e)(2)(B)(i) and (ii). IT IS ALSO ORDERED that plaintiff's claim of excessive use of force be served upon defendant John Kurtz in accordance with the separate Memorandum Order issued by this court. IT IS FURTHER ORDERED that the Clerk shall provide a copy of this order to the keeper of the three strikes list. Signed by Judge James T Trimble, Jr on 02/28/14. (crt,Guillot, M) Modified on 3/11/2014 to indicate that this document is vacated. See #26 Judgment. (Guillot, M).
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