Opinion
1:22-CV-935
05-03-2023
ORDER
The Memorandum Opinion and Recommendation of the United States Magistrate Judge was filed in accordance with 28 U.S.C. § 636(b) and the Clerk served the recommendation on the parties. The defendant Karen Russell filed a response to the Recommendation, Doc. 23, complying with the recommendation to provide a correct address or propose another solution for the plaintiff to effect service of the amended complaint. The plaintiff has filed an amended complaint which has been served on the defendant Russell. Docs. 24, 26. Neither Russell nor the defendant Van Shaw filed objections to the Recommendation that the defendants' motions to dismiss be denied.
As noted by the Magistrate Judge, the plaintiff appears to have misnamed the defendant Karen Russell as Karen Adams. See Doc. 19 n.1. The Court will refer to her by her correct name, Karen Russell, and will order the case caption corrected to the name in the amended complaint. Doc. 24
After consideration of the record, the Court agrees with the Magistrate Judge that the motions should be denied. The Court hereby adopts the Magistrate Judge's Recommendation in full.
It is ORDERED that the defendants' motions to dismiss the original complaint, Docs. 11, 16, are DENIED.
It is further ORDERED that the case caption is amended to reflect the correct defendant as Karen Russell, PA-C.