Opinion
4:22-CV-00834
01-17-2024
ORDER
MATTHEW W. BRANN, CHIEF UNITED STATES DISTRICT JUDGE
In accordance with the accompanying Memorandum Opinion, IT IS HEREBY ORDERED that:
1. Defendants' Motion to Dismiss (Doc. 32) is GRANTED IN PART:
a. Defendant James Hoskin is DISMISSED WITH PREJUDICE from the Second Amended Complaint;
b. Defendants John Does 1-6 are DISMISSED WITH PREJUDICE from Count III of the Second Amended Complaint;
2. Plaintiff is ordered to show cause as to why Count II of the Second Amended Complaint shall not be dismissed with prejudice no later than January 31, 2024;
3. If Plaintiff shows cause as to why Count II of the Second Amended Complaint shall not be dismissed with prejudice by January 31, 2024, Defendants are to respond no later than February 15, 2024; alternatively, if Plaintiff fails to show cause as to why Count II of the Second Amended Complaint shall not be dismissed with prejudice by January 31, 2024, Defendants are also to file an answer no later than February 15, 2024.
4. Defendants' Motion to Dismiss (Doc. 32) is DENIED in all other respects.