Jenkins v. Roanoke Rapids, City of et al

Filing 35

ORDER granting 31 Motion to Dismiss Defendant Charles "Chuck" Hasty in is official capacity and denying as moot 27 Motion to Dismiss for Failure to State a Claim. Plaintiff's claims against Hasty are dismissed with prejudice; the court directs the Clerk of the Court to remove Hasty's name from the caption of this case. Signed by Chief US District Judge Richard E. Myers II on 2/16/2021. (Waddell, K.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
Case No. 4:20-CV-00181-M
DANIEL W. JENKINS ,

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Plaintiff,
V.

CITY OF ROANOKE RAPIDS;
ROANOKE RAPIDS POLICE
DEPARTMENT; and
VALERIE ASBELL, IN HER
INDIVIDUAL CAPACITY,
Defendants.

ORDER

This matter comes before the Court on Plaintiffs unopposed Motion to Dismiss Defendant
Charles "Chuck" Hasty ("Hasty"), in his official capacity [DE 31]. Pursuant to Fed. R. Civ. P.
41(a)(2), the motion is GRANTED. Accordingly, Plaintiffs claims against Hasty are dismissed
with prejudice; the court directs the Clerk of the Court to remove Hasty's name from the caption
of this case.

In light of this order, Hasty's Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) [DE
27] is DENIED as moot.

SO ORDERED this / (,

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day of February, 2021.

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RICHARD E. MYERS
CHIEF UNITED STATES DISTRICT JUDGE

Case 4:20-cv-00181-M Document 35 Filed 02/18/21 Page 1 of 1