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Smith v. Shady

December 27, 2006

BENJAMIN SMITH, PLAINTIFF,
v.
OFFICER SHADY, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Judge Jones

Magistrate Judge Blewitt

ORDER

THE BACKGROUND OF THIS ORDER IS AS FOLLOWS

Pending before this Court are a plethora of filings. On August 16, 2006, Magistrate Judge Thomas M. Blewitt submitted a Report and Recommendation ("Report") on the Motion to Dismiss (doc. 29), filed by Defendants Francis Dougherty ("Dougherty"), Earl Walker ("Walker"), and Franklin Tennis ("Tennis") on May 1, 2006. (Rec. Doc. 58). However, on September 8, 2006, Plaintiff Benjamin Smith ("Smith" or "Plaintiff") filed an Appeal of Magistrate Order (doc. 55) Denying Leave to Amend Complaint ("Appeal") (doc. 62), as well as Objections to the Report Dismissing His Retaliation Claims ("Objections") (doc. 63). Defendants filed their Response to Plaintiff's Objections to the Magistrate.

20061227

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