Mack v. Wilcox County Commission

Filing 15

ORDER ADOPTING 14 REPORT AND RECOMMENDATIONS re 7 MOTION to Dismiss filed by Wilcox County Commission, recommending that Defendants' motion to dismiss be granted, that Plaintiff's Title VII claims be dismissed with prejudice, that Plain tiffs § 1981 claims be dismissed without prejudice, and that Plaintiff be granted leave to amend his Complaint. Plaintiff has until 12/30/09 within which to file an amended complaint; failure to timely amend will result in dismissal of this case. Signed by Judge Kristi K. DuBose on 12/8/09. (copy mailed to plaintiff) (cmj)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA NORTHERN DIVISION ELI MACK, Plaintiff, vs. WILCOX COUNTY COMMISSION, Defendant. * * * * * * * * * ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) and dated November 6, 2009 is ADOPTED as the opinion of this Court. It is ORDERED that Defendants' Motion be GRANTED, that Plaintiff's Title VII claims be dismissed with prejudice, that Plaintiff's § 1981 claims be dismissed without prejudice, and that Plaintiff be granted leave to amend his Complaint. It is further ORDERED that Plaintiff has until December 30, 2009 within which to file an amended complaint; the failure to timely amend will result in dismissal of this case. DONE and ORDERED this the 8th day of December 2009. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

Civil Action: 09-00101-KD-B