JOHNSON v. CITY OF DURHAM et al

Filing 21

MEMORANDUM OPINION, ORDER, AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE defendant's motion to amend 10 is granted and that Defendants' Motion to Dismiss Complaint pursuant to Fed. R. Civ. P. 12(b)(6) (Docket Entry 5 ) be DENIED, but without prejudice to re-filing after Plaintiff has an opportunity to amend his Complaint. IT IS FURTHER ORDERED that Plaintiff's Motion to Strike Motion to Dismiss (Docket Entry 9 ) and Plaintiffs Motion for Supplemental Complaint (Docket Entry 11 ) are DENIED as moot. IT IS FURTHER ORDERED that, to the extent it requests action by the Court, Plaintiff's Demand Letter for Settlement (Docket Entry 14 ) is DENIED. Signed by MAG/JUDGE L. PATRICK AULD on 10/1/2010. (Lapira, Sharon)

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