BOWLER
REPORT AND RECOMMENDATION RE:
DEFENDANT'S MOTION TO DISMSS FOR FAILURE TO STATE A CLAIM
(DOCKET ENTRY # 8)
MEMORANDUM AND ORDER RE:
PLAINTIFF'S MOTION TO AMEND THE COMPLAINT
(DOCKET ENTRY # 11)
BOWLER , U. S. M J.
Pending before this court is a motion to dismiss for failure to state a claim (Docket Entry # 8) filed by defendant Bank of America, N.A. ("defendant") under Rule 12(b)(6), Fed. R. Civ. P. ("Rule 12(b)(6)"). Also pending before this court is a motion for leave to amend the complaint (Docket Entry # 11) filed by plaintiff Charlene Oliver ("plaintiff") under Rule 15(a)(2), Fed. R. Civ. P. ("Rule 15(a)(2)").
A magistrate judge has "the authority to decide the motion to amend outright" under 28 U.S.C. § 636(b)(1)(A). Maurice v. State Farm Mutual Automobile Insurance Co., 235 F.3d 7, 9 n.2 (1st Cir. 2000) (referring to motion for leave to file amended complaint to add new count).
PROCEDURAL BACKGROUND
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