Flemming v. Wright et al

Filing 48

MEMORANDUM-DECISION AND ORDER: ORDERED that 45 REPORT AND RECOMMENDATION is accepted. ORDERED that 36 defendants' motion is granted to the extent that the action will be dismissed with prejudice for failure to state a claim unless plain tiff files an amended complaint within 30 days of the date of this Memorandum-Decision and Order. ORDERED that IF PLAINTIFF FAILS TO FILE AN AMENDED COMPLAINT WITHIN 30 DAYS OF THE DATE OF THIS MEMORANDUM-DECISION AND ORDER, THE ACTION WILL BE DISM ISSED WITH PREJUDICE WITHOUT FURTHER NOTICE. ORDERED that if plaintiff timely files an amended complaint, and if the amended complaint survives initial review, new summonses shall be issued for all defendants named in the amended complaint, to be served with the amended complaint in accordance with Rule 4. ORDERED that plaintiff's motion (Dkt. No. 47 ) is denied. Signed by Senior Judge Norman A. Mordue on 9/9/13. {order served via regular mail on plaintiff}(nas)

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