Daniels v. City of Greenville

Filing 25

ORDER denying 15 Motion to Dismiss for Failure to State a Claim. Signed by District Judge James C. Dever III on 10/20/2018. (Sellers, N.)

IN TilE UNITED STATES DISTRICT COURT
FOR TilE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DMSION
No. 4:18-CV-80-D

PEARL C. DANIELS,
Plaintiff,
v.
CITY OF GREENVILLE,
Defendant.

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ORDER

On August 29, 2018, defendant moved to dismiss plaintiff's amended complaint [D.E. 15]
and filed a memorandum in support [D.E. 16]. See Fed. R. Civ. P. 12(b)(6). On September 19,
2018, plaintiff responded in opposition [D.E. 18, 19]. On October 2, 2018, defendant replied [D.E.
20].
The court has considered defendant's motion under the governing standard. See Fed R. Civ.
P. 12(b)(6); Ashcroft v. Iqbal, 556 U.S. 662, 677-78 (2009); Bell Atl. Com. v. Twombly, 550 U.S.
544, 555-56, 563 (2007). Plaintiff's amended complaint ekes across ~e line of plausibility.
Whether plaintiff will survive a motion for summary judgment is an issue for another day.

In sum, defendant's motion to dismiss [D.E. 15] is DENIED.
SO ORDERED. This j,Q_ day of October 2018.