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16-368 - Brunson v. Montgomery County


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16-368 - Brunson v. Montgomery County
August 3, 2017
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REPORT AND RECOMMENDATIONS: 1) Motion to Withdraw Plaintiff's Pro Se Proposed Amended Complaint and Leave to File Amended Complaint 23 be granted, in part, and Plaintiff's proposed Amended Complaint 24 be accepted as filed with the exception of Count III, which should be dismissed; 2) Defendant's Motion to Dismiss 9 be denied as moot; and 3) Plaintiff's pro se Motion for Leave to Amend 12 be denied as withdrawn and moot. Objections to R&R due by 8/17/2017. Signed by Magistrate Judge Sharon L. Ovington on 8-3-17. (mcm)
August 18, 2017
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DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS 26 - The Report and Recommendations docketed on August 3, 2017 26 is ADOPTED in full, the Motion to Withdraw Plaintiff's Pro Se Proposed Amended Complaint and Leave to File Amended Complaint 23 is granted, in part, and Plaintiff's proposed Amended Complaint 24 is accepted as filed with the exception of Count III, which is dismissed under Fed. R. Civ. P. 12(b)(6), Defendants Motion to Dismiss 9 is denied as moot; and Plaintiff's pro se Motion for Leave to Amend 12 is denied as withdrawn and moot. Signed by Judge Thomas M. Rose on 8-18-2017. (de)