STANLEY v. CITY OF CLAY, 2:12-CV-374-JEO. (2012)
Court: District Court, N.D. Alabama
Number: infdco20120615832
Visitors: 21
Filed: Jun. 14, 2012
Latest Update: Jun. 14, 2012
Summary: ORDER VIRGINIA EMERSON HOPKINS, District Judge. The action is now before the court on the motion of defendant City of Clay, Alabama, to dismiss the complaint and amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). (Doc. 5). The magistrate judgment assigned to this case filed a Report and Recommendation, recommending that the motion is due to be granted as to Counts Two and Three, and denied as to Counts One, Four, and Five and that plaintiff should be allowed to file a Sec
Summary: ORDER VIRGINIA EMERSON HOPKINS, District Judge. The action is now before the court on the motion of defendant City of Clay, Alabama, to dismiss the complaint and amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). (Doc. 5). The magistrate judgment assigned to this case filed a Report and Recommendation, recommending that the motion is due to be granted as to Counts Two and Three, and denied as to Counts One, Four, and Five and that plaintiff should be allowed to file a Seco..
More
ORDER
VIRGINIA EMERSON HOPKINS, District Judge.
The action is now before the court on the motion of defendant City of Clay, Alabama, to dismiss the complaint and amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). (Doc. 5). The magistrate judgment assigned to this case filed a Report and Recommendation, recommending that the motion is due to be granted as to Counts Two and Three, and denied as to Counts One, Four, and Five and that plaintiff should be allowed to file a Second Amended Complaint. (Doc. 9). Neither party has filed any objections to the Report and Recommendation within the time prescribed.
After carefully considering the materials in the court file and conducting a de novo review of the motion, the court is of the opinion that the magistrate judge's report is due to be and hereby is ADOPTED and the recommendation is ACCEPTED. Accordingly, Counts Two and Three are DISMISSED with prejudice.
Source: Leagle
