Opinion
Case No. 6:10-cv-630-Orl-28DAB.
September 8, 2011
ORDER
This case is before the Court on Defendant Ronald C. Morgan's Motion to Dismiss (Doc. No. 38) filed July 21, 2011. The United States Magistrate Judge has submitted a report recommending that the motion be granted in part.
After an independent de novo review of the record in this matter, and consideration of Plaintiff's objection to the Report and Recommendation (Doc. No. 41), the objection is overruled. The Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as follows:
1. That the Report and Recommendation filed August 9, 2011, (Doc. No. 40), is ADOPTED and CONFIRMED and made a part of this Order.
2. Defendant Ronald C. Morgan's Motion to Dismiss (Doc. No. 38) is GRANTED in part.
3. The Second Amended Complaint is dismissed with leave to re-plead.
4. Plaintiff may file a Third Amended Complaint within fourteen (14) days from the date of this Order.
DONE and ORDERED in Chambers, Orlando, Florida.