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.)

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

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