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16-621 - Bowens-Thomas v. Alabama Cooperative Extension System et al (MAG2)


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16-621 - Bowens-Thomas v. Alabama Cooperative Extension System et al (MAG2)
November 9, 2016
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RECOMMENDATION OF THE MAGISTRATE JUDGE re 1 Complaint and Defendants' 8 Motion to Dismiss, or in the Alternative, Motion for More Definite Statement. It is the RECOMMENDATION of the Magistrate Judge that Defendants' 8 Motion to Dismiss be GRANTED. The undersigned RECOMMENDS that Plaintiff's 1 Complaint be DISMISSED in it entirety. Objections to R&R due by 11/23/2016. Signed by Honorable Judge Wallace Capel, Jr on 11/9/2016. (dmn, )
February 2, 2017
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OPINION. Signed by Honorable Judge Myron H. Thompson on 2/2/2017. (kh, )
February 2, 2017
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JUDGMENT: it is the ORDER, JUDGMENT and DECREE of the court that: (1) The plaintiff's objections (doc. no. 18) are overruled. (2) The recommendation of the United States Magistrate Judge (doc. no. 17) is adopted. (3) Defendants' motion to dismiss the complaint (doc. no. 8) is granted, and the complaint is dismissed without prejudice. (4) Defendants' alternative motion for a more definite statement (doc. no. 8) is denied as moot. (5) Plaintiff is granted until February 23, 2017, to file a formal motion for leave to amend the complaint. This action is not closed at this time. If a formal motion for leave to amend the complaint is timely filed, this case is referred back to the magistrate judge for further proceedings. If a formal motion for leave to amend the complaint is not timely filed, this case will be closed. Signed by Honorable Judge Myron H. Thompson on 2/2/2017. (Attachments: # (1) Civil Appeals Checklist)(kh, )