Opinion
Civil Action No. 2:11-CV-435
09-25-2012
MARCUS MOSLEY, Plaintiff, v. TIMOTHY ARMSTRONG, Defendant.
ORDER
This matter is before the Court on Magistrate Judge Paul Cherry's Report and Recommendation (DE 15) regarding Defendant Timothy Armstrong's motion to dismiss Plaintiff Marcus Mosely's Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) (DE 11). Judge Cherry recommends that this Court deny Defendant's motion.
No objections have been filed to Judge Cherry's Report and Recommendation. In fact, in a separate motion, Defendant has advised the Court that, in light of Judge Cherry's analysis, he has decided to abandon his motion to dismiss. (DE 17 at 2).
Accordingly, the Court accepts Judge Cherry's Report and Recommendation and denies Defendant's Motion to Dismiss (DE 11).
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Joseph S. Van Bokkelen
United States District Judge