Watkins v. Kalamazoo, City of

Filing 12

ORDER DENYING AS MOOT REPORT AND RECOMMENDATION 8 ; DENYING AS MOOT Defendant's motion to dismiss 5 ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
CHARLES WATKINS,
Plaintiff,
Case No. 1:15-cv-997
v.
HON. ROBERT HOLMES BELL
CITY OF KALAMAZOO,
Defendant.
/
ORDER
On October 1, 2015, Plaintiff Charles Watkins filed a pro se complaint in this Court, which
named only the City of Kalamazoo as a Defendant. (ECF No. 1.) The City filed a motion to dismiss
for improper service pursuant to Federal Rule of Civil Procedure 12(b)(5) and for failure to state a
claim under Rule 12(b)(6). (ECF No. 5.) On April 19, 2016, United States Magistrate Judge Ray
Kent issued a report and recommendation (R&R) (ECF No. 8), recommending that the complaint
be dismissed. Subsequently, Plaintiff requested leave to amend his complaint. This Court noted that
it agreed with the R&R, but allowed Plaintiff to amend his complaint within 30 days. Plaintiff has
done so. Accordingly,
IT IS HEREBY ORDERED that Defendant’s motion to dismiss (ECF No. 5) and the
Report and Recommendation (ECF No. 8), which were based on Plaintiff’s previous complaint, are
DENIED AS MOOT.
Dated: July 11, 2016

/s/ Robert Holmes Bell
ROBERT HOLMES BELL
UNITED STATES DISTRICT JUDGE