Davenport v. Keith et al

Filing 128

ORDER granting 72 Motion to Dismiss for Failure to State a Claim - Plaintiff's claims against former Assistant United States Attorney J. Gaston B. Williams and Special Agent Rodney Dickerson are hereby dismissed with prejudice. Signed by Chief Judge James C. Dever III on 10/28/2014. (Tripp, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
NORTHERN DIVISION
NO. 2:14-CV-36-D
JONATHAN EDMOND DAVENPORT,
Plaintiff,

v.

ORDER

DEPUTY SAM KEITH, ET AL.,
Defendants.

THIS

CAUSE

came

Motion to Dismiss
former Assistant

the

Court

on

the

Rule

12(b) (6)

filed in this matter on August 21,
United States

Williams

and

"Federal

Defendants")

state

claim

a

before

Special

upon

Agent
on

Rodney

the

which

Attorney

Dickerson

basis

relief

( "AUSA")

that
can

J.

by

Gaston B.

(collectively,

Plaintiff

be

2014,

failed

granted,

and

to

that

Plaintiff's claims against the Federal Defendants are barred by
the doctrine of absolute immunity.
After

reviewing

Defendants'

Motion

Law;

Plaintiff's

and

accepting

allegations

in

to

the

Dismiss

Response;
all

the

Plaintiff's
and

accompanying

the

Federal

and

well-pleaded,

complaint

Complaint,

to

be

the

Federal

Memorandum

Defendants'

the

Court

Reply;
factual

nonconclusory
true;

of

concludes

that the Federal Defendants' Motion to Dismiss should be GRANTED
pursuant

to

Rule

12 (b) (6)

of

the

Federal

Rules

of

Civil

Procedure

for

authorities
1497

the

cited

(2012);

reasons

See

therein.

Imbler v.

stated

Pachtman,

and

on

Rehberg v.
424 U.S.

the

basis

Paulk,

409

of

132

(1976);

the

S.

Ct.

Lyles v.

Sparks, 79 F.3d 372 (4th Cir. 1996).
NOW,
the

THEREFORE,

Federal

Plaintiff's
Attorney

IT

Defendants'
claims

("AUSA")

IS

ORDERED,

Motion

against

to

former

ADJUDGED AND
Dismiss

is

Assistant

DECREED

hereby
United

that

GRANTED.
States

J. Gaston B. Williams and Special Agent Rodney

Dickerson are hereby dismissed with prejudice.
This the

2..8

day of

__,0""---"""c..J..-'fo....,lu.A.=--=------'

2 o14 .

Jame~ C. Dever III
Chief United States District Judge

2