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)

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.

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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

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