Felder v. Ohio State Highway Patrol

Filing 16

ORDER denying 8 Motion to Dismiss; adopting Report and Recommendation 15 ; Plaintiff's amended complaint shall be filed by 12/28/15. Signed by Judge Sandra S Beckwith on 12/4/15. (mb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Jeffrey L. Felder, Jr.,
Plaintiff,
vs.
Ohio State Highway Patrol,
Defendant.

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Case No. 1:15-cv-218

ORDER
On November 3, 2015, the Magistrate Judge issued a Report and
Recommendation in this case. (Doc. 15) The Magistrate Judge recommends that
Defendant’s motion to dismiss Plaintiff’s complaint under Fed. R. Civ. Proc. 12(b)(6)
should be denied, and Plaintiff should be granted leave to amend his complaint. No
objections have been filed to the Report, and the time for filing such objections has
passed.
Upon review of Plaintiff’s pro se complaint, and his response to the motion to
dismiss, the Court agrees with the Magistrate Judge that he may be able to allege a
plausible claim of racial discrimination. The Court therefore adopts the Report and
Recommendation. Plaintiff shall file his amended complaint no later than December
28, 2015. Defendant shall answer, move or otherwise plead to that complaint within the
time limits established by Fed. R. Civ. Proc. 15(a)(3).
SO ORDERED.
DATED: December 4, 2015

s/Sandra S. Beckwith
Sandra S. Beckwith, Senior Judge
United States District Court