Williams v. Pitt County Board of Education et al

Filing 27

ORDER denying 25 Motion To Reopen This Case; denying 26 Duplicate Motion To Reopen The Case. However, because plaintiff appears to also seek toappeal the courts order, the Clerk is DIRECTED to docket the instant motions as notices of appeal. Signed by Senior Judge W. Earl Britt on 4/22/2019. Copy sent to Henry Williams, II, 3009 McGregor Downs Rd., Apt. 103, Greenville, NC 27834 via US Mail. (Edwards, S.)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
No. 4:18–CV–32–BR
HENRY WILLIAMS, II,
Plaintiff,
v.
PITT COUNTY BOARD OF
EDUCATION, et. al.,
Defendants.

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ORDER

This matter is before the court on Henry Williams, II’s (“plaintiff”) motions to reopen his
case. (DE ## 25, 26.) The Pitt County Board of Education and Pitt County Schools
(“defendants”) did not respond. The matter is now ripe for adjudication.
On 8 January 2019, the court adopted Magistrate Judge Robert Jones’ 5 December 2018
memorandum and recommendation (“M&R”) granting defendants’ motion to dismiss and
directing the Clerk to close the case. (DE # 23.) On 30 January 2019, plaintiff filed a motion to
reopen his case. (DE # 25.) A duplicate motion was filed on 5 February 2019. (DE # 26.)
Plaintiff moves for his case to be reopened claiming that he was “not proper[ly] informed[ed,]”
“(M&R), have filed false statement[,]” and his “constitution[al] right[s] as a black citizen ha[s]
been violate[d].” Plaintiff requests “that this case be move[d] to [a] higher court . . . and heard
by [a] jury.” (DE # 25, at 1.)
The 5 December 2018 M&R set plaintiff’s deadline to file any objections by 19
December 2018 and informed plaintiff that if he failed to file any objections, review of the M&R
may be limited. Plaintiff does not claim he did not receive the M&R. Additionally, all court
correspondence has been sent to plaintiff’s address on file and has not been returned to the court.

Therefore, plaintiff’s motions are DENIED. However, because plaintiff appears to also seek to
appeal the court’s order, the Clerk is DIRECTED to docket the instant motions as notice of
appeal.
This 22 April 2019.

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W. Earl Britt
Senior U.S. District Judge

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