Mullenix v. Barnes et al

Filing 26

JUDGMENT: IT IS ORDERED AND ADJUDGED that after an independent review of the M&R and the record, the court concludes that the M&R is, in part, correct and in accordance with the law. Specifically, the court ADOPTS the portion of the M&R recommending that the Defendants; Motion to Dismiss for lack of personal jurisdiction be allowed. The court declines to adopt the portion of the M&R recommending that the Defendants Motion to Dismiss for failure to state a claim be allowed. For the above reaso ns, the Defendants Motion to Dismiss [DE-15] is ALLOWED and the Defendants Motion to Dismiss [DE-17] is DENIED as moot. The Clerk of Court is DIRECTED to close this case. Signed by Dennis Iavarone, Clerk of Court by Susan Edwards, Deputy on 8/24/2010. Copies served as listed in this matter. (Edwards, S.)

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A O 4 5 0 ( R e v . 5/85)

United States District Court
EASTERN DISTRICT OF NORTH CAROLINA
S T E V E N JOHN MULLENIX, Plaintiff, v. R O B IN BARNES and THE OWNERS and M A N A G E M E N T (HERMAN) OF RED AND WHITE GROCER, LAWRENCEVILLE, VA, D e fe n d a n t. ) ) ) ) ) ) ) ) ) J U D G M E N T IN A CIVIL CASE C A S E NO. 5:09-CV-515-F

D ecisio n by Court.

IT IS ORDERED AND ADJUDGED that after an independent review of the M&R and the record, the court concludes that the M&R is, in part, correct and in accordance with the law. Specifically, the court ADOPTS the portion of the M&R recommending that the Defendants; Motion to Dismiss for lack of personal jurisdiction be allowed. The court declines to adopt the portion of the M&R recommending that the Defendants' Motion to Dismiss for failure to state a claim be allowed. For the above reasons, the Defendants' Motion to Dismiss [DE-15] is ALLOWED and the Defendants' Motion to Dismiss [DE-17] is DENIED as moot. The Clerk of Court is DIRECTED to close this case.

T H E ABOVE JUDGMENT WAS ENTERED TODAY, August 24, 2010, AND A COPY M A ILE D VIA ELECTRONICALLY OR BY REGULAR MAIL TO:

Steven John Mullenix (via regular mail - 3727 NC Highway 58, Warrenton, NC 27589) Torin Fury (via CM/ECF Notice of Electronic Filing) James D. Secor, III (via CM/ECF Notice of Electronic Filing)

A u gu st 24, 2010 D ate

DENNIS P. IAVARONE Clerk of Court /s/ Susan K. Edwards (By) Deputy Clerk

Wilmington, North Carolina

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