Opinion
Civil Action 21-00372-BAJ-EWD
01-03-2023
WILLIE JONES #573876 v. CHARLES GOODEN, ET AL.
RULING AND ORDER
BRIAN A. JACKSON UNITED STATES DISTRICT COURT JUDGE.
On October 28, 2022, the Magistrate Judge issued a Report And Recommendation (Doc. 34, the “R&R”) recommending that Plaintiffs Motion for Leave to File Amended Complaint (Doc. 25) be granted in part and denied in part, and Plaintiffs remaining claims against Defendant Tim Hooper be dismissed with prejudice. The Magistrate Judge also recommended that Plaintiffs Motion for Leave of Court to Amend Complaint (Doc. 24), Defendant Hooper's Second Motion to Dismiss for Failure to State a Claim (Doc. 30), and Plaintiffs Motion Requesting Leave to File Reply to Rule 12(b)(6) Motion (Doc. 31) be denied as moot. The Parties do not object to the R&R.
Having carefully considered Plaintiffs Complaint and various Motions, the Court APPROVES the R&R and ADOPTS it as the Court's opinion in this matter.
Accordingly, IT IS ORDERED that Plaintiffs Motion for Leave of Court to Amend Complaint (Doc. 24) be and is hereby DENIED AS MOOT.
IT IS FURTHER ORDERED that Plaintiffs Motion for Leave to File Amended Complaint (Doc. 25) be and is hereby GRANTED IN PART AND DENIED IN PART. To the extent the Motion requests to amend Plaintiffs claims against Defendant Charles Gooden, it is GRANTED. To the extent the Motion requests to amend Plaintiffs claims against Defendant Hooper, it is DENIED. The Clerk of Court is instructed to file Doc. 25-1 as Plaintiffs First Amended Complaint in a new docket entry.
IT IS FURTHER ORDERED that Plaintiffs remaining claims against Defendant Hooper be and are hereby DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that Defendant Hooper's Second Motion to Dismiss for Failure to State a Claim (Doc. 30) be and is hereby DENIED AS MOOT.
IT IS FURTHER ORDERED that Plaintiffs Motion Requesting Leave to File Reply to Rule 12(b)(6) Motion (Doc. 31) be and is hereby DENIED AS MOOT.