Dingle v. City of Coleman et al
| James Patrick Dingle |
| City of Coleman, Frank Moore, Warren Alexander, Lonnie G. Evans, Billie Marie Winklies, Cleveland Williams, Virgie M. Everitt and Mary A. Bigham |
| 5:2010cv00053 |
| February 8, 2010 |
| US District Court for the Middle District of Florida |
| Ocala Office |
| Sumter |
| Wm. Terrell Hodges |
| Gary R. Jones |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
25
ORDER granting in part and denying in part 3 Motion to dismiss. The following claims from the Plaintiffs Complaint (Doc. 1) are DISMISSED WITH PREJUDICE: Counts I (Equal Protection), II (Substantive Due Process), III (Procedural Due Process), and V (Misuse of Power). Count IV (Wrongful Discharge & Suspension) is DISMISSED WITHOUT PREJUDICE. Within fourteen (14) days from the date of this Order, the Plaintiff may file an amended complaint properly asserting a claim for First Amendment Retali ation. The Plaintiff may not re-assert any other dismissed claims or assert any new legal theories or causes of action. Within fourteen (14) days from the date of the filing of the amended complaint, the Defendants shall file their answer or other responsive pleading. Failure to file an amended complaint within this time period will result in dismissal of this case in its entirety without further notice. Signed by Senior Judge Wm. Terrell Hodges on 10/28/2010. (LRH)
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