Opinion
1:20-cv-1224
02-17-2022
ORDER
HALA Y. JARBOU UNITED STATES DISTRICT JUDGE
On February 2, 2022, Magistrate Judge Ray Kent issued a Report and Recommendation (R&R) recommending that Defendants' motion to dismiss Plaintiff's amended complaint (ECF No. 27) be granted without prejudice and that Plaintiff's motion for leave to file a second amended complaint (ECF No. 36) be denied. (ECF No. 45.) The R&R was duly served on the parties. No. objections have been filed, and the deadline for doing so expired on February 16, 2022. On review, the Court concludes that the R&R correctly analyzes the issues and makes a sound recommendation.
Accordingly, IT IS ORDERED that the R&R (ECF No. 45) is APPROVED and ADOPTED as the opinion of the Court.
IT IS FURTHER ORDERED that Defendants' motion to dismiss (ECF No. 27) is GRANTED.
IT IS FURTHER ORDERED that Plaintiff's motion for leave to file a second amended complaint (ECF No. 36) is DENIED.
IT IS FURTHER ORDERED that, within twenty-eight (28) days, Plaintiff may file a third amended complaint which complies with the Federal Rules of Civil Procedure and the instructions set forth in the R&R.
IT IS FURTHER ORDERED that the third amended complaint shall be subject to screening pursuant to 28 U.S.C. § 1915(e)(2)(B).
IT IS FURTHER ORDERED that Defendants shall not be required to file an answer, motion to dismiss, or other response until ordered by the Court.
IT IS FURTHER ORDERED that if no amended complaint is filed within twenty-eight (28) days, a judgment will enter in accordance with this Order.