Ely v. Mobile County School Board

Filing 18

ORDER ADOPTING 15 REPORT AND RECOMMENDATION entered re 9 MOTION to Dismiss Plaintiff's Complaint filed by Mobile County School Board. The second amended complaint is dismissed with prejudice.. Signed by Judge Kristi K. DuBose on 6/7/2016. (copy to plaintiff) (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION DEVIN ELY, ) ) Plaintiff, ) ) vs. ) ) BOARD OF SCHOOL COMMISSIONERS ) OF MOBILE COUNTY, ALABAMA, ) ) Defendant. ) CIVIL ACTION 15-0566-KD-M ORDER After due and proper consideration of the Report and Recommendation and Plaintiff’s failure to file a third amended complaint that cured the deficiencies of the second amended complaint as outlined in the Report and Recommendation (docs. 15, 16), the Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is adopted as the opinion of this Court. Accordingly, it is ORDERED that the second amended complaint is dismissed with prejudice. DONE and ORDERED this 7th day of June 2016. s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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