Gibbs v. Potter

Filing 25

MEMORANDUM AND RECOMMENDATIONS re 21 MOTION to Amend/Correct 3 Complaint and MOTION for Hearing filed by Robert E. Gibbs; 13 MOTION to Dismiss or in the Alternative for Summary Judgment filed by John Potter; 19 MOTION to Amend/Correct 3 Complaint and MOTION for Hearing filed by Robert E. Gibbs; and, 18 MOTION for Relief filed by Robert E. Gibbs. This Court recommends that Plaintiff's motions to amend his Complaint be ALLOWED, that Plaintiff's motions for oral hearin g be DENIED and Plaintiff's motion for relief be DENIED AS MOOT. In light of the recommendation that Plaintiff be allowed to amend his Complaint, it is recommended further that Defendant's motion to dismiss, or in the alternative for summary judgment, be DENIED WITHOUT PREJUDICE. Objections to M&R due by 9/24/2009. Signed by U.S. Magistrate Judge Robert Jones on 09/04/09. Copies served electronically. (Attachments: # 1 M&R Notice) (Baker, C.)