Frazier v. NC Department of Transportation

Filing 18

ORDER DISMISSING AS MOOT: 8 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, First MOTION to Dismiss for Lack of Jurisdiction and DENYING 14 Motion to Dismiss for Failure to State a Claim. Signed by Chief Judge James C. Dever III on 4/10/2015. (O'Brien, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
4:14-CV-149-D

JAMEL 0. FRAZIER,
Plaintiff,

v.

)
)
)
)

)

ORDER

)
NORTH CAROLINA DEPARTMENT )
OFTRANSPORTATION,
)
)
Defendant. )

Defendant's motion to dismiss plaintiff's original complaint [D.E. 8] is DISMISSED as
moot. Defendant's motion to dismiss plaintiff's amended complaint for failure to state a claim upon
which relief can be granted and for lack of subject-matter jurisdiction [D.E. 14] is DENIED.
Whether plaintiff will survive a motion for summary judgment is an issue for another day.
SO ORDERED. This 10 day of April2015.

Chief United States District Judge