BERNARD, JR v. TOWN OF LEBANON MAINE

Filing 10

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE, adopting Report and Recommended Decision 9 ; reserving ruling on 4 Motion to Dismiss for Failure to State a Claim filed by TOWN OF LEBANON MAINE; and granting 6 Motion to for Leave to Amend Complaint filed by PAUL BERNARD, JR. REMINDER: After entry of this Order, if Amending a COMPLAINT, counsel are REQUIRED to separately file the AMENDED COMPLAINT Document. By JUDGE JOHN A. WOODCOCK, JR. (ccs)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
PAUL BERNARD, JR.,
Plaintiff,
v.
TOWN OF LEBANON, MAINE,
Defendant.

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2:16-cv-00042-JAW

ORDER AFFIRMING THE
RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
No objections having been filed to the Magistrate Judge’s Recommended
Decision filed July 22, 2016 (ECF No. 9), the Recommended Decision is accepted.
The Court GRANTS the Plaintiff’s Motion for Leave to Amend Complaint (ECF
No. 6), permitting him ten days from the issuance of this Order to file an amended
complaint, following which the Defendant’s Motion to Dismiss (ECF No. 4) is
DENIED, but failing which to timely file an amended complaint, the Motion to
Dismiss is GRANTED with prejudice.
SO ORDERED.
/s/ John A. Woodcock, Jr.
JOHN A. WOODCOCK, JR.
UNITED STATES DISTRICT JUDGE
Dated this 15th day of August, 2016