Davenport v. Keith et al

Filing 130

ORDER granting 78 Motion to Dismiss for Failure to State a Claim - Plaintiff's claims against Defendant Shearin are 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 EASTERN DISTRICT OF NORTH CAROLINA NORTHERN DIVISION CIVIL ACTION NO: 2:14-cv-00036-D JONATHAN E. DAVENPORT, Plaintiff, vs. PASQUOTANK COUNTY SHERIFF'S DEPUTY SAM KEITH; PASQUOTANK COUNTY SHERIFF RANDY CARTWRIGHT; BILLY ROUGHTON; NORMAN W. SHEARIN, JR.; (FORMER) ASSIST ANT 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); PASQUOTANK 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; and DISTRICT ATTORNEY (FIRST JUDICIAL DISTRICT) ROBERT ANDREW WOMBLE, ORDER GRANTING DEFENDANT NORMAN W. SHEARIN, JR.'S MOTION TO DISMISS Defendants. THIS MATTER coming before the Court upon Defendant Norman W. Shearin, Jr.'s (hereinafter "Defendant Shearin") Motion to Dismiss pursuant to Rule 12(b)( 6) of the Federal Rules of Civil Procedure on the basis that Plaintiffs Complaint fails to state a claim upon which relief can be granted and on the basis that Plaintiffs claims are barred by the statute of limitations; and THE UNDERSIGNED having considered the Complaint, Defendant Shearin's Motion to Dismiss, Defendant Shearin's Memorandum in Support of Motion to Dismiss, Plaintiffs Response to Defendant Shearin's Motion to Dismiss and other submissions of the parties in this matter; IT APPEARING to the Court that for good cause shown Defendant Shearin's Motion to Dismiss should be granted. IT IS THEREFORE ORDERED ADJUDGED and DECREED that Defendant Shearin's Motion to Dismiss is hereby GRANTED and Plaintiffs claims against Defendant Shearin are dismissed with prejudice pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. This the _a day of Ocfolu..& , 2014. Chief United States District Judge 2

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