McShan v. Dynamis Educational Systems Inc. (MAG+)

Filing 17

ORDER that plaintiff's 14 Objection to the Recommendation of the Magistrate Judge is overruled; the 13 REPORT AND RECOMMENDATION is adopted; Defendant's 9 Motion to Dismiss is GRANTED, and that plaintiff's complaint, as amended, is DISMISSED without prejudice because the plaintiff has failed to state a claim for which relief can be granted. Signed by Hon. Chief Judge Mark E. Fuller on 10/17/2008. (dmn)

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF N O R T H E R N DIVISION B R E N D A McSHAN, ) ) P l a i n t if f , ) v. ) ) D Y N A M IS EDUCATIONAL SYSTEMS, ) IN C ., ) ) D e f e n d a n t. )

C A S E NO. 2:08-cv-543-MEF WO

ORDER
A f te r an independent review of the file, it is the ORDER, JUDGMENT and DECREE o f the court that: 1 . The plaintiff's objection (Doc. #14) to the Recommendation of the Magistrate J u d g e filed on October 14, 2008 is overruled; 2 . The Recommendation of the Magistrate Judge (Doc. #13) filed on October 1, 2008 is adopted; 3 . Defendant's Motion to Dismiss (Doc. #9) is GRANTED, and that plaintiff's c o m p lain t, as amended, is DISMISSED without prejudice because plaintiff has failed to state a claim for which relief can be granted. D O N E this the 17th day of October, 2008. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE