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17-1077 - Simpson v. Baskin et al


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17-1077 - Simpson v. Baskin et al
February 26, 2018
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REPORT AND RECOMMENDATION: The undersigned finds that Simpson's claims are not sufficient as now pleaded to survive the defendants' motion to dismiss. However, in light of Simpson's additional filings and her pro se status, the undersigned finds it appropriate to afford Simpson the opportunity to amend her complaint to include allegations that meet the plausible pleading standard articulated herein. Accordingly, the Magistrate Judge RECOMMENDS that RSB and RB's Motion to Dismiss (Doc. No. 6) be GRANTED and that this action be DISMISSED WITHOUT PREJUDICE to Plaintiff Janet Leigh Simpson filing an amended complaint. Signed by Magistrate Judge Alistair Newbern on 2/26/2018. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw)
March 13, 2018
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ORDER: On February 26, 2018, the magistrate judge issued a Report and Recommendation (DE #18), to which no timely objections have been filed. The Report and Recommendation is therefore ACCEPTED and made the findings of fact and conclusions of law of this court. For the reasons expressed therein, it is hereby ORDERED that the Motion to Dismiss filed by defendants Roger Scott Baskin and Randall Baskin (Docket No. 6) is GRANTED, and this case is DISMISSED without prejudice to the plaintiff's filing an Amended Complaint. The plaintiff's Motion for Leave to File an Amended Complaint (Docket No. 20) is GRANTED. The plaintiff shall file an amended complaint by March 26, 2018. This case is returned to the magistrate judge for further handling under the original referral order. Signed by District Judge Aleta A. Trauger on 3/13/2018. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw)