Summary
dismissing defendant's argument that amendment would be futile and finding it "too early to say" how defendant's argument on the merits would be resolved
Summary of this case from Fijalkowski v. Belmont Cnty. Bd. of Comm'rsOpinion
Case No. 3:16cv00368
08-18-2017
CLARK BRUNSON, JR., Plaintiff, v. MONTGOMERY COUNTY, et al., Defendants.
Magistrate Judge Sharon L. Ovington
DECISION AND ENTRY
The Court has reviewed the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. #26), to whom this case was originally referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Report and Recommendations.
Accordingly, it is hereby ORDERED that:
1. The Report and Recommendations docketed on August 3, 2017 (Doc. #26) is ADOPTED in full;
2. The Motion to Withdraw Plaintiff's Pro Se Proposed Amended Complaint and Leave to File Amended Complaint (Doc. # 23) is granted, in part, and Plaintiff's proposed Amended Complaint (Doc. #24) is accepted as filed with the exception of Count III, which is dismissed under Fed. R. Civ. P. 12(b)(6);
3. Defendant's Motion to Dismiss (Doc. #9) is denied as moot; and
4. Plaintiff's pro se Motion for Leave to Amend (Doc. #12) is denied as withdrawn and moot.
August 18, 2017
*s/Thomas M. Rose
Thomas M. Rose
United States District Judge