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
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