Batley v. Bishop State Community College et al

Filing 30

ORDER ADOPTING 29 REPORT AND RECOMMENDATION. Dfts' 8 MOTION to Dismiss is GRANTED, & the claims raised in Plf's 1 Complaint are DISMISSED. Plf's 24 MOTION to Amend Complaint is GRANTED in part & DENIED in part as set out. Plf's amended complaint should be filed NLT 9/26/2017. Signed by Senior Judge Callie V. S. Granade on 9/12/17. (copy mailed to Plf on 9/12/17) (tot)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION TOMMI R. BATLEY Plaintiff, vs. BISHOP STATE COMMUNITY COLLEGE, et al., Defendants. ) ) ) ) ) ) ) ) ) ) CA 17-0112-CG-MU ORDER After due and proper consideration of the issues raised, and there having been no objections filed, the recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) dated August 14, 2017, is ADOPTED as the opinion of this Court. Accordingly, Defendants’ motion to dismiss (Doc. 8) is hereby GRANTED, and the claims raised in Plaintiff’s complaint filed on March 10, 2017 (Doc. 1) are DISMISSED. It is further ORDERED that Plaintiff’s motion for leave to amend complaint (Doc. 24) is GRANTED in part and DENIED in part. Plaintiff’s motion to amend the Title VII claims set forth in her complaint (Doc. 24) is DENIED as futile because her proposed revised amendment does not cure any of the deficiencies contained in her original complaint and, as amended, those claims are still properly DISMISSED. The motion is otherwise granted in that Plaintiff shall be allowed to amend her complaint to add four individual defendants in their individual and official capacities and assert claims in accordance with 42 U.S.C. §§ 1981 and 1983, as well as the Fourteenth Amendment, against all defendants. Finally, in that amended complaint, Plaintiff may assert a “class schedule” retaliation claim, in accordance with Title VII, if she so desires. Plaintiff’s amended complaint shall be filed no later than September 26, 2017. DONE and ORDERED this 12th day of August, 2017. /s/ Callie V. S. Granade SENIOR UNITED STATES DISTRICT JUDGE 2

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