Pearson, et al. v. Filmore, et al. (MAG+)

Filing 8

ORDER directing as follows: (1) plfs' 6 objection is OVERRULED; (2) the 5 REPORT AND RECOMMENDATION is ADOPTED; (3) plf's complaint is DISMISSED pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(i) and (ii); (4) plf's 2 Motion for Leave to Proceed in forma pauperis is GRANTED; and (5) plf's 4 Motion to Amend complaint is DENIED. Signed by Chief Judge William Keith Watkins on 10/5/15. (djy, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION LORENZO PEARSON and CLARISSA PEARSON, Plaintiffs, v. BILL FILMORE and THE COMMERCIAL BANK OF OZARK, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 1:15-CV-79-WKW ORDER On August 12, 2015, the Magistrate Judge filed a Recommendation (Doc. # 5) to which Plaintiffs object (Doc. # 6). Based upon an independent and de novo review of those portions of the Recommendation to which objection is made, see 28 U.S.C. § 636(b), it is ORDERED as follows: (1) Plaintiffs’ objection (Doc. # 6) is OVERRULED; (2) The Recommendation (Doc. # 5) is ADOPTED; (3) Plaintiffs’ complaint is DISMISSED pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i) and (ii); (4) Plaintiffs’ motion for leave to proceed in forma pauperis (Doc. # 2) is GRANTED; and (5) Plaintiffs’ motion to amend (Doc. # 4) their complaint is DENIED. DONE this 5th day of October, 2015. /s/ W. Keith Watkins CHIEF UNITED STATES DISTRICT JUDGE 2

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