Mahan v. Mobile Housing Board

Filing 19

ORDER ADOPTING 13 REPORT AND RECOMMENDATIONS re 7 MOTION to Dismiss filed by Mobile Housing Board, stating the motion iis GRANTED in part and DENIED in part. Plaintiff is granted leave to amend her Complaint on or before March 4, 2010 as set out. Signed by Judge Kristi K. DuBose on 2/11/10. Copies to parties. (mpp)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ELAINE MAHAN, Plaintiff, v. MOBILE HOUSING BOARD, Defendant. ) ) ) ) ) ) ) ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the Report and Recommendation to which objection is made, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. §636(b)(1)(B) and dated December 17, 2009, is ADOPTED as the opinion of this Court as to all claims except as to Plaintiff's due process claim that "I asked for a hearing and the Housing Board refused to grant me a hearing." Accordingly, it is ORDERED that Defendant's motion to dismiss (Doc. 7) is GRANTED in part and DENIED in part. Additionally, it is ORDERED that Plaintiff is granted leave to amend her Complaint on or before March 4, 2010, to state facts in support of her due process claim only; indeed, the Court will not consider additional facts or arguments as to the other claims which have been dismissed. Further, Plaintiff is CAUTIONED that the failure to allege specific facts in support of her due process claim will result in dismissal of said claim upon motion by Defendant. DONE and ORDERED this the 11th day of February 2010. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

CIVIL ACTION 09-00535-KD-B