Sabin v. Camp

Filing 5

ORDER - ORDERED, that the Report-Recommendation of Magistrate Judge David E. Peebles filed February 5, 2013 is ACCEPTED in its entirety for the reasons state therein, and it is further ORDERED, that plaintiff's complaint is DISMISSED , without leave to replead his claims against defendant Camp in his individual capacity, but otherwise with leave to replead, pursuant to 28 U.S.C. § 1915(e)(B)(iii), and it is further ORDERED, that if Sabin wishes to proceed with this a ction, he must file an amended complaint as directed above within thirty (30) days from the date of the filing of this Order; and it is further ORDERED, that upon Sabin's full compliance with this Order, the Clerk of the Court shall retur n the file to this court for further review; and it is further ORDERED, that if Sabin fails to file an amended complaint within thirty (30) days form the filing date of this Order, the Clerk shall enter judgment dismissing this action without prejudice and without further Order of the Court. Signed by Chief Judge Gary L. Sharpe on 3/1/2013. (Attachments: # 1 Judge Peebles' Report-Recommendation) (jel, )