3:24-cv-01370•Council v. Draftkings et al
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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.) Case 3:24-cv-01370-D Document 26 Filed 01/21/26 Page 1 of 2 PageID <pageID>
2 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 Case 3:24-cv-01370-D Document 26 Filed 01/21/26 Page 2 of 2 PageID <pageID>
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