Barron v. Pallito et al
Filing 86
ORDER AFFIRMING, APPROVING and ADOPTING 85 Magistrate Judge's Report and Recommendation. Plaintiff's 73 Motion for Judgment, Motion for Preliminary Injunction, 74 Motion for Emergency Injunction are DENIED. Defendants Dr. Ballard and Mental Health Management, Inc.'s 75 Second Motion to Dismiss is GRANTED. Plaintiff is granted leave to replead his claims against these two Defendants within 30 days. Defendants Andrew Pallito, in his official capacity, Theresa Stone, Randy Porter, Jodi Barriere are directed to answer the Second Amended Complaint within 20 days of this Order. It is further certified that any appeal taken in forma pauperis from this Order would not be taken in good faith because such an appeal would be frivolous. This matter is returned to Magistrate Judge John M. Conroy for further proceedings. Signed by District Judge J. Garvan Murtha on 6/23/2011. (hbc)
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