Opinion
Civil Action 20-00886-BAJ-SDJ
08-18-2021
JOSEPH FRANK ANDRADE v. WAYNE T. STEWART, ET AL.
RULING AND ORDER
BRIAN A. JACKSON, JUDGE UNITED STATES DISTRICT COURT
Before the Court is Defendants Wayne T. Stewart and the law firm of Hammonds, Sills, Adkins and Guice, L.L.P.'s (hereinafter “Defendants”) Motion to Dismiss. (Doc. 8). Plaintiff opposes the Motion. (Doc. 12). Defendants filed a Reply. (Doc. 14).
The Magistrate Judge issued a Report and Recommendation (Doc. 21), recommending that the Court deny Defendants' Motion to Dismiss (Doc. 8) as moot. The Magistrate Judge also recommended that the Court order Plaintiff to file a comprehensive version of his Complaint within 14 days of the issuance of this Ruling and Order. (Doc. 21, p. 3). There are no objections to the Report and Recommendation.
The Magistrate Judge also recommended that the Court order Plaintiff to file the “certified record of administrative proceedings from the due process hearing” within 45 days of the issuance of this Ruling and Order. (Doc. 21, p. 3). After the Magistrate Judge issued the Report and Recommendation, however, Plaintiff moved to file the administrative record conventionally. (Doc. 23). Plaintiff's Motion is currently pending before the Magistrate Judge. Accordingly, this recommendation is now moot.
Having carefully considered the Motion at issue, the underlying Complaint, and related filings, the Court APPROVES the Magistrate Judge's Report and Recommendation, and ADOPTS it as the Court's opinion herein.
Accordingly, IT IS ORDERED that Defendants Wayne T. Stewart and the law firm of Hammonds, Sills, Adkins and Guice, L.L.P.'s Motion to Dismiss (Doc. 8) is DENIED AS MOOT.
IT IS FURTHER ORDERED that Plaintiff shall file a Motion to Substitute his Amended Complaint (Doc. 13) with a comprehensive version of his Complaint within 14 days of the issuance of this Ruling and Order.