Terio v. Carlin et al

Filing 47

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 39 Report and Recommendations.... For the reasons stated above, the R&R is adopted as the decision of the Court. Defendants' motins to dismiss (Docs. 29, 32) are GRANTED. Leave to amend the Complai nt will not be granted. The federal claims are dismissed with prejudice, and the state claims, to the extent they are stated, are dismissed without prejudice. Plaintiffs "Motion for Removal andConsolidation Pursuant to 28 U.S.C. Sec. 144i(a),&qu ot; (Doc. 131, is denied as moot in light of the instant decision, and because Plaintiff apparently does not in any event seek to remove any state case to this Court. See R&R at 9 n.5. The Cferk is respectfully directed to terminate the pending motions, (Docs, 13,29,32), and close the case. So Ordered. (Signed by Judge Cathy Seibel on 10/18/10) The Clerks Office Has Mailed Copies. (fk)

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