Xiong v. McCormick et al

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATION for 6 Report and Recommendation,,, 8 Motion for Extension of Time to Amend filed by Pao Xiong; Pltf to file an Amended Complaint within thirty (30) days from the date of this Order, as more fully set out. Signed by Honorable David L. Russell on 9/13/17. (jw)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA PAO XIONG, Plaintiff, v. WILLIAM MCCORMICK, et al., Defendant. ) ) ) ) ) ) ) ) ) Case No. CIV-17-875-R ORDER This matter is before the Court pursuant to the Report and Recommendation entered by Magistrate Judge Gary M. Purcell on August 22, 2017. Doc. No. 6. On August 31, 2017, Plaintiff filed a Motion Requesting an extension of time to amend his pleadings. Doc. No. 8. Cognizant of its obligation and granting Petitioner’s filing the liberal construction mandated by Haines v. Kerner, 404 U.S. 519 (1972), the Court finds as follows: The Report and Recommendation is ADOPTED. Plaintiff’s Motion to Amend is GRANTED to the extent that he may file an Amended Complaint within thirty (30) days from the date of this Order. Failure by Plaintiff to file an Amended Complaint within the time designated will result in this matter being dismissed for failure to state a claim and a Judgment entered accordingly. IT IS SO ORDERED this 13th day of September, 2017. 1

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