James v. City of Huntsville Alabama et al

Filing 12

ORDER ADOPTING 10 REPORT AND RECOMMENDATIONS; GRANTING 4 MOTION to Dismiss with respect to fictitious party dfts, but DENIED in all other respects. Service on Dft Mark Hudson is QUASHED and Plff is DIRECTED to serve process on Mark Hudson and to amend her complaint by 6/2/2015; dfts shall respond to the amended complaint within 14 days of its filing. Signed by Judge Abdul K Kallon on 5/26/2015. (YMB)

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FILED 2015 May-26 PM 03:07 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION GERALDINE R. JAMES, Plaintiff, vs. CITY OF HUNTSVILLE, ALABAMA, et al., Defendants. ) ) ) ) ) ) ) ) ) Civil Action Number 5:14-cv-02267-SGC ORDER The magistrate judge filed her report and recommendation on March 4, 2015, recommending that Defendants’ motion to dismiss be granted in part. To date, no party has filed any objections to the report and recommendation. Having now reviewed de novo the report and recommendation, the motion to dismiss, and all other relevant court materials, the report is due to be and hereby is ADOPTED and the recommendation is ACCEPTED. Accordingly, Defendants’ motion to dismiss, doc. 4, is GRANTED with respect to the fictitious party Defendants, but DENIED in all other respects. Moreover, service on Mark Hudson is QUASHED and Plaintiff is DIRECTED to serve process on Mr. Hudson in accordance with the Federal Rules of Civil Procedure. Finally, Plaintiff is DIRECTED to amend her complaint by June 2, 2015 to plead her allegations with greater specificity. Defendants shall respond to Plaintiff’s amended complaint within fourteen (14) days of its filing. The case is again referred to the magistrate judge for further proceedings. DONE the 26th day of May, 2015. _________________________________ ABDUL K. KALLON UNITED STATES DISTRICT JUDGE

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