Shaikh v. Hoyt

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
ILYAS AHMED SHAIKH, 	)
Plaintiff, 	)
)
v. 	) 	CIVIL ACTION NO. 1:23-00196-KD-N
)
COUNTY OF MOBILE/MOBILE 	)
COUNTY COMMISSION(ERS), et al., 	)
Defendants. 	)
ORDER
After due and proper consideration of the issues raised, and there having been no
objections filed, the Report and Recommendation of the Magistrate Judge (Doc. 41) dated June
5, 2024, made under 28 U.S.C. § 636(b)(1)(B)-(C), Federal Rule of Civil Procedure 72(b), and
S.D. Ala. GenLR 72(a), is ADOPTED as the opinion of this Court.
Accordingly, the following is ORDERED:
1. 	Plaintiff Ilyas Ahmed Shaikh’s response brief (Doc. 32) is treated as a notice of voluntary
dismissal of all claims against Defendant City of Mobile, effective upon filing.
Accordingly, the Clerk of Court is DIRECTED to terminate the City as a party to this
action.
2. 	Shaikh is granted leave under Federal Rule of Civil Procedure 15(a)(2) to file and serve,
no later than July 30, 2024, a second amended complaint that drops all claims against
Defendant Thaddeus Hoyt, Jr. except the false arrest/detention claims alleged against
Hoyt in Counts II and VIII of the first amended complaint (Doc. 16) in his individual
capacity. The second amended complaint must also drop (i) all fictitious defendants as
parties, and (ii) all claims and parties that have been voluntarily dismissed under Rule
41(a).
Case 1:23-cv-00196-KD-N Doc# 42 Filed 07/09/24 Page 1 of 2 PageID#
<pageID>

3. 	The City and Hoyt’s motion to dismiss the first amended complaint under Federal Rule of
Civil Procedure 12(b)(6) (Doc. 23) is DENIED as to the false arrest/detention claims
against Hoyt in his individual capacity in Counts II and VIII, and is otherwise MOOT, but
without prejudice to Hoyt’s ability to renew his Rule 12(b)(6) motion as to the other
counts against him in the first amended complaint should Shaikh fail to timely or otherwise
properly file a second amended complaint in accordance with the foregoing directives.
DONE and ORDERED this the 9th day of July 2024.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE
Case 1:23-cv-00196-KD-N Doc# 42 Filed 07/09/24 Page 2 of 2 PageID#
<pageID>