Mosley v. Armstrong

Filing 19

ORDER: Court ACCEPTS Judge Cherry's Report and Recommendation and DENIES 11 Defendant's Motion to Dismiss. Signed by Judge Joseph S Van Bokkelen on 9/25/2012. cc: Mosley (tc)

United States District Court
Northern District of Indiana
Hammond Division

MARCUS MOSLEY,

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Plaintiff,
v.
TIMOTHY ARMSTRONG,
Defendant.

Civil Action No. 2:11-CV-435

ORDER
This matter is before the Court on Magistrate Judge Paul Cherry’s Report and
Recommendation (DE 15) regarding Defendant Timothy Armstrong’s motion to dismiss Plaintiff
Marcus Mosely’s Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) (DE 11).
Judge Cherry recommends that this Court deny Defendant’s motion.
No objections have been filed to Judge Cherry’s Report and Recommendation. In fact, in
a separate motion, Defendant has advised the Court that, in light of Judge Cherry’s analysis, he
has decided to abandon his motion to dismiss. (DE 17 at 2).
Accordingly, the Court accepts Judge Cherry’s Report and Recommendation and denies
Defendant’s Motion to Dismiss (DE 11).

SO ORDERED on September 25, 2012.

s/ Joseph S. Van Bokkelen
Joseph S. Van Bokkelen
United States District Judge