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.)

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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

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