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Seay v. Rowland, 1:16-cv-00068. (2017)

Court: District Court, M.D. Tennessee Number: infdco20171226841 Visitors: 5
Filed: Dec. 21, 2017
Latest Update: Dec. 21, 2017
Summary: ORDER WAVERLY D. CRENSHAW, JR. , Chief District Judge . Magistrate Judge Brown has issued a Report and Recommendation (Doc. No. 97) in which he recommends that the Motions to Dismiss filed by Jerry W. Harris (Doc. No. 63), David Sisk (Doc. No. 66), and Callaway Dial (Doc. No. 69) be denied without prejudice. No objections have been filed. Having considered the matter de novo review as required by Rule 72 of the Federal Rules of Civil Procedure, the Court agrees with the recommended disp
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ORDER

Magistrate Judge Brown has issued a Report and Recommendation (Doc. No. 97) in which he recommends that the Motions to Dismiss filed by Jerry W. Harris (Doc. No. 63), David Sisk (Doc. No. 66), and Callaway Dial (Doc. No. 69) be denied without prejudice. No objections have been filed.

Having considered the matter de novo review as required by Rule 72 of the Federal Rules of Civil Procedure, the Court agrees with the recommended disposition because "[t]he factual allegations in the amended complaint, if accepted as true, raise a plausible claim of a civil conspiracy amongst the individual Defendants." (Doc. No. 97 at 10). Accordingly, the Report and Recommendation (Doc. No. 97) is ADOPTED, and the Motions to Dismiss (Doc. Nos. 63, 66 & 69) are DENIED WITHOUT PREJUDICE.

IT IS SO ORDERED.

Source:  Leagle

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