Council v. Draftkings et al

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
KENNETH COUNCIL, 	§
Plaintiff, 	§
§
v. 	§ 	No. 3:24-CV-1370-D-BW
§
DRAFTKINGS, et al., 	§
Defendants. 	§ 	Referred to U.S. Magistrate Judge1
ORDER
On January 14, 2026, the undersigned recommended that the Court dismiss
Plaintiff Kenneth Council’s action with prejudice for failure to state a claim under 28
U.S.C. § 1915(e)(2)(B)(ii). (See Dkt. No. 22.) On January 17, 2026, Council filed
objections to the recommendation and a motion for leave to file a second amended
complaint. (See Dkt. No. 23.) Attached to Council’s filing is a proposed Second
Amended Complaint for Defamation and Tortious Interference. (See id. at 8-13.) In
his proposed second amended complaint, Council invokes the Court’s diversity
jurisdiction and sues DraftKings, Inc. for defamation and tortious interference with
existing contract. (See id. at 9, 11-12.)
Based on Council’s filing and proposed second amended complaint, the
undersigned WITHDRAWS the recommendation dated January 14, 2026, and
pursuant to Federal Rule of Civil Procedure 15(a)(2), the Court GRANTS Council’s
1 By Special Order No. 3-251, this pro se case has been automatically referred for
judicial screening. By Special Order No. 3-354, it was transferred and reassigned to the
undersigned on August 23, 2024. (See Dkt. No. 21.)
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motion for leave to amend. The Clerk of the Court is DIRECTED to separately
docket the proposed second amended complaint attached to Council’s filing (Dkt.
No. 23 at 8-13).
SO ORDERED on January 21, 2026.
______________________________________
BRIAN McKAY
UNITED STATES MAGISTRATE JUDGE
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