Wood v. Dixon
Filing
11
ORDER ADOPTING 9 REPORT AND RECOMMENDATIONS re 4 MOTION to Dismiss filed by Hallie S. Dixon. The Court will withhold dismissing the case for seven days to allow plaintiff the opportunity to file an amended complaint. Amended complaint to be filed no later than 12/3/13.. Signed by Judge Kristi K. DuBose on 11/26/2013. (cmj)
IN
THE
UNITED
STATES
DISTRICT
COURT
FOR
THE
SOUTHERN
DISTRICT
OF
ALABAMA
SOUTHERN
DIVISION
KATHY
K.
WOOD,
)
)
Plaintiff,
)
)
v.
)
CIVIL
ACTION
NO.
13-‐0278-‐KD-‐N
)
HALLIE
DIXON,
in
her
official
capacity
as
)
Baldwin
County
District
Attorney,
)
)
Defendant.
)
ORDER
After
due
and
proper
consideration
of
all
portions
of
the
issues
raised
and
a
de
novo
determination
of
those
portions
of
the
recommendation
to
which
objection
is
made,
the
Court
adopts
the
reasoning
of
the
Report
and
Recommendation
of
the
Magistrate
Judge
made
under
28
U.S.C.
§
636(b)(l)(B)
and
dated
November
5,
2013.
Plaintiff
asserts
in
her
objection
that
the
complaint
should
be
construed
to
request
reinstatement,
thus
saving
her
complaint
from
dismissal.
However,
on
the
face
of
the
complaint
the
Young
exception
is
not
supportable.
The
Court
will
withhold
dismissing
the
case
for
seven
(7)
days
to
allow
plaintiff
the
opportunity
to
file
an
amended
complaint.
Accordingly,
plaintiff
shall
file
her
amended
complaint
on
or
before
December
3,
2013.
Done
and
ordered
the
26th
day
of
November
2013.
s/
Kristi
K.
DuBose
KRISTI
K.
DuBOSE
UNITED
STATES
DISTRICT
JUDGE
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