Cobb v. State of Alabama, Department of Human Resources et al

Filing 35

ORDERED that 33 Recommendation of the Magistrate Judge is ADOPTED;(2) Defendants' 28 Motion to Dismiss or in the Alternative, for More Definite Statement is DENIED insofar as it seeks dismissal of the complaint but GRANTED as to the request for a more definite statement; and (3) Plaintiff's 31 Motion to Amend Her Amended Complaint is GRANTED and plaintiff's proposed amended complaint, attached to the Motion to Amend, should be docketed as plaintiff's third amended complaint and defendants shall file their answer or other pleading in response to the third amended complaint as directed by the FRCP. Signed by Hon. Chief Judge Mark E. Fuller on 1/7/2009. (cb, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF N O R T H E R N DIVISION J A N IE D. COBB, P la in tif f , v. A L A B A M A DEPT. OF HUMAN R E S O U R C E S , et al., D e f e n d a n ts. ) ) ) ) ) ) ) ) )

C A S E NO. 2:09-cv-0226-MEF

ORDER
O n December 15, 2009, the Magistrate Judge filed a Recommendation (Doc. #33) in th is case to which no timely objections have been filed. Upon an independent review of the f ile in this case and upon consideration of the Recommendation of the Magistrate Judge, it is the O R D E R , JUDGMENT and DECREE of the court that: 1 . The Recommendation of the Magistrate Judge is ADOPTED. 2 . Defendants' Motion to Dismiss or in the Alternative, for More Definite Statement (D o c . #28) is DENIED insofar as it seeks dismissal of the complaint but GRANTED as to th e request for a more definite statement. 3 . Plaintiff's Motion to Amend Her Amended Complaint (Doc. #31) is GRANTED a n d plaintiff's proposed amended complaint, attached to the Motion to Amend, should be d o c k e te d as plaintiff's third amended complaint and defendants shall file their answer or o th e r pleading in response to the third amended complaint as directed by the Federal Rules

of Civil Procedure. D O N E this the 7th day of January, 2010.

/s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE