Davenport v. Keith et al

Filing 129

ORDER granting 80 Motion to Dismiss for Failure to State a Claim - Plaintiff's claims against Defendants Pasquotank County Sheriff Randy Cartwright, Pasquotank County Sheriff's Deputy Sam Keith, Pasquotank County Sheriff's Office, and Pasquotank County Attorney Richard Michael Cox are hereby dismissed with prejudice. Signed by Chief Judge James C. Dever III on 10/28/2014. (Tripp, S.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
NORTHERN DIVISION
CASE NO.2: 14-cv-00036-D
JONATHAN E. DAVENPORT,
Plaintiff,

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v.

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PASQUOTANK COUNTY SHERIFF'S
DEPUTY SAM KEITH, PASQUOTANK
COUNTY SHERIFF RANDY
CARTWRIGHT, BILLY ROUGHTON,
NORMAN W. SHEARIN JR., FORMER
ASSISTANT DISTRICT ATTORNEY
(FIRST JUDICIAL DISTRICT) DAVID
L. CREDLE, FORMER ASSISTANT
DISTRICT ATTORNEY (FIRST
JUDICIAL DISTRICT) NANCY B.
LAMB, PASQUOTANK COUNTY
ATTORNEY RICHARD MICHAEL COX,
DISTRICT ATTORNEY OFFICE (FIRST
JUDICIAL DISTRICT), PASQUOT ANK
COUNTY SHERIFF'S OFFICE, DBW
VENTURES (a partnership), SPECIAL
AGENT/UNITED STATES
DEPARTMENT OF TREASURY
RODNEY T. DICKERSON, ASSISTANT
UNITED STATES ATTORNEY
J. GASTON B. WILLIAMS, & DISTRICT
ATTORNEY (FIRST JUDICIAL
DISTRICT) ROBERT ANDREW
WOMBLE,
Defendants.

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ORDER GRANTING
THE PASQUOTANK COUNTY DEFENDANTS'
MOTION TO DISMISS

THIS CAUSE came before the Court on the Rule 12(b )( 6) Motion to Dismiss filed in this
matter on August 25, 2014 by Defendants Pasquotank County Sheriff Randy Cartwright,
Pasquotank County Sheriffs Deputy Sam Keith, Pasquotank County Sheriffs Office, and
Pasquotank County Attorney Richard Michael Cox (collectively, "Pasquotank County
Defendants") on the basis that Plaintiff failed to state a claim upon which relief can be granted,

his claims are barred by the applicable statutes of limitations, Plaintiff failed to allege a waiver of
sovereign and/or governmental immunity, and defendant Pasquotank County Sheriffs Office
lacks capacity to be sued.
After reviewing the Plaintiffs Complaint, the Pasquotank County Defendants' Motion to
Dismiss and accompanying Memorandum of Law; Plaintiffs Response to the Pasquotank
County Defendants' Motion to Dismiss; and the Pasquotank County Defendants' Reply, the
Court is of the opinion that the Pasquotank County Defendants' Motion to Dismiss should be
GRANTED pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that the
Pasquotank County Defendants' Motion to Dismiss is hereby GRANTED. Plaintiffs claims
against Defendants Pasquotank County Sheriff Randy Cartwright, Pasquotank County Sheriffs
Deputy Sam Keith, Pasquotank County Sheriffs Office, and Pasquotank County Attorney
Richard Michael Cox are hereby dismissed with prejudice.
This the

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day of

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, 2014.

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The onorable James C. Dever III
Chief United States District Judge