Opinion
CIVIL ACTION 09-00535-KD-B.
February 11, 2010
ORDER
After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the Report and Recommendation to which objection is made, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) and dated December 17, 2009, is ADOPTED as the opinion of this Court as to all claims except as to Plaintiff's due process claim that "I asked for a hearing and the Housing Board refused to grant me a hearing." Accordingly, it is ORDERED that Defendant's motion to dismiss (Doc. 7) is GRANTED in part and DENIED in part. Additionally, it is ORDERED that Plaintiff is granted leave to amend her Complaint on or before March 4, 2010, to state facts in support of her due process claim only; indeed, the Court will not consider additional facts or arguments as to the other claims which have been dismissed. Further, Plaintiff is CAUTIONED that the failure to allege specific facts in support of her due process claim will result in dismissal of said claim upon motion by Defendant.
DONE and ORDERED.