Opinion
No. 3:14-CV-4338-B
07-16-2015
JOAN REAM, Plaintiff, v. CITY OF HEATH, TERRY GARRETT, and LORNE LIECHTY, Defendants.
ORDER ACCEPTING FINDINGS , CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Before the Court are the Magistrate Judge's Findings, Conclusions, and Recommendation ("FC&R") regarding the disposition of Defendant Lorne Liechty's ("Liechty") motion to dismiss filed in this civil rights action brought under 42 U.S.C. § 1983. The FC&R recommends granting Liechty's motion, but allowing Plaintiff to file an amended complaint and requiring her to respond to Liechty's immunity defenses in her amended complaint. After conducting a de novo review pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72 (b) of the pleadings, files, and record in this case, as well as the FC&R and the Plaintiff's Objections thereto, the Court is of the opinion that the FC&R are correct and they are accepted as the findings and conclusions of the Court. The Plaintiff's Objections are overruled.
It is therefore ORDERED that the Findings, Conclusions, and Recommendation of the United States Magistrate Judge dated June 2, 2015 are hereby ACCEPTED. Defendant Liechty's Rule 12(b)(6) motion (Doc. 13) is GRANTED. Plaintiff is hereby granted leave to file an amended complaint to address the deficiencies identified by the Defendants in their motions to dismiss. Plaintiff is further ORDERED to respond to Liechty's immunity defenses in her amended complaint by August 28, 2015.
SO ORDERED.
SIGNED: July 16, 2015.
/s/ _________
JANE J. BOYLE
UNITED STATES DISTRICT JUDGE