Spencer, II v. City of Boston

Filing 64

Judge Indira Talwani: ORDER entered ACCEPTING and ADOPTING re: 58 Report and Recommendation; ALLOWING IN PART and DENYING IN PART 45 MOTION for Leave to Amend Complaint. (DaSilva, Carolina)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
BARRY SPENCER II,
Plaintiff,
v.
CITY OF BOSTON, et al.
Defendants.

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Civil Action No. 15-cv-10634-IT

ORDER
March 21, 2018
TALWANI, D.J.
Plaintiff Barry Spencer II filed a Motion for Leave to Amend Complaint [#45]. This court
referred the motion to the Magistrate Judge, who issued a Report and Recommendation [#58]
denying the motion as to the claims against those defendants who filed oppositions and allowing
it as to the claims against Boston Police Department Officers Zanoli and Colby, who did not
oppose the motion. Plaintiff filed an Objection to Report and Recommendation on Plaintiff’s
Motion to Amend Complaint [#63]. Having considered Plaintiff’s objection pursuant to Federal
Rule of Civil Procedure 72, the court hereby ACCEPTS and ADOPTS the Report and
Recommendation [#58]. Plaintiff’s Motion for Leave to Amend Complaint [#45] is ALLOWED
in part and DENIED in part. Specifically, it is ALLOWED as to Officers Zanoli and Colby and
DENIED with respect to the City of Boston, Sergeant Keane, Commissioner Evans, and Mayor
Walsh. This matter is REFERRED to the Magistrate Judge for full pretrial proceedings.
IT IS SO ORDERED.
/s/ Indira Talwani
United States District Judge