Stanley v. Clay, Alabama, City of

Filing 11

ORDER adopting 9 Report and Recommendations and granting in part and denying in part 5 Motion to Dismiss- Counts Two and Three are granted and are dismissed with prejudice; Counts One, Four, and Five are denied; plaintiff is allowed to file a Second Amended Complaint. Motions terminated 5 Motion to Dismiss. Signed by Judge Virginia Emerson Hopkins on 6/14/12. (SAC)

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FILED 2012 Jun-14 PM 03:22 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION MICHAEL STANLEY, Plaintiff, v. CITY OF CLAY, ALABAMA, Defendant. ) ) ) ) ) ) ) ) ) Civil Action Number 2:12-CV-374-JEO ORDER 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. DONE this the 14th day of June, 2012. VIRGINIA EMERSON HOPKINS United States District Judge 2

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