Dail v. City of Goldsboro et al

Filing 30

ORDER denying 23 Motion to Strike. Signed by District Judge Terrence W. Boyle on 6/8/2011. (Tripp, S.)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

WESTERN DIVISION

No. 5:10-CV-00451-BO

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DWAYNE ALLEN DAIL,
Plaintiff,

v.

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CITY OF GOLDSBORO, CITY OF
GOLDSBORO POLICE CHIEF TIMOTHY
J. BELL, in his official and
individual capacities; JASPER M.
"JACKIE" WARRICK, JR. in his
official and individual capacities;
CHESTER HILL, in his official and
individual capacities, THE ESTATE OF
CHESTER HILL, DELORES A. HILL,
The Administratix of the Estate of
Chester Hill, JOHN WIGGINS, in his
individual and official capacities;
RONALD MELVIN, in his individual
and official capacities; THE ESTATE
OF RONALD MELVIN, SYLVIA MELVIN,
Administratix of the Estate of Ronald
Melvin, and JOHN AND JANE DOES 1-10,
in their official and individual
capacities,
Defendants.

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Before the Court is a Motion to Strike

o

R D E R

[DE-23] filed by non­

party William Neal. As set forth below, the Motion is DENIED.
I.

BACKGROUND

Plaintiff was wrongfully convicted of raping a

12 year old

girl in Goldsboro, North Carolina in 1987. He was incarcerated for
nearly two-decades for that crime. After his claims of innocence
were vindicated through DNA evidence, Plaintiff sued various state
actors in Wayne County Superior Court under 42 U.S.C.
common law, and state constitutional law.

§

1983, state

Defendants timely removed the action to this Court on October
21, 2010. William Neal filed a Motion to Strike [DE-23] on January
18,

2011.

Motion

Plaintiff has

[DE-24].

In

responded in opposition to Mr.

this

posture,

the

Motion

is

Neal's

ripe

for

adjudication.
II.
A.

DISCUSSION

William Neal's Motion To Strike
On January 18,

2011,

Pasquotank Correctional Center inmate

William Neal sent a letter to the Clerk in which he referenced a
prior letter sent to Plaintiff's counsel [DE 23]. Neal's letter to
Plaintiff's counsel and his submission to the Clerk's Office took
issue with certain allegations set forth in the Amended Complaint.
Specifically, the Amended Complaint alleges that William Neal
raped 12 year old Tomeisha Carrington in the early morning of
September 4, 1987. It was, allegedly, for Neal's heinous act that
Plaintiff was wrongfully convicted and incarcerated.
Complaint,

~~

(See Amended

34, 35.) Neal now objects to Plaintiff's allegations.

His letters were collectively filed as a Motion To Strike [DE-23].
Construed as such, Neal's Motion is without merit and is denied.
Although Neal is referenced in several factual allegations in
the

Amended

Complaint,

he

is

not

a

party

to

this

action.

Additionally, Neal has not sought to intervene in this action and
has no grounds

for doing so.

As a mere non-party,

Neal has no

standing to file pleadings or motions in this lawsuit. FED. R. Crv.

2

P.12(f).
And even assuming, arguendo,
motions in this case,

that Neal had standing to file

there would still be no basis for granting

the instant Motion To Strike. Plaintiff's Complaint certifies that
it was drafted and filed subject to Rule 11 of the North Carolina
Rules of Civil Procedure. North Carolina Rule of Civil Procedure
11, like its federal counterpart, imposes an obligation on counsel
to ensure that a pleading is well-grounded in fact and filed for a
proper purpose. N.C. R. Crv. P. 11. The standard under both North
Carolina and Federal Rule 11 has been satisfied, and there is no
basis to remove the allegations that implicate Neal as Tomeisha
Carrington's rapist.
Neal's Motion is DENIED and the Court hereby NOTIFIES Mr. Neal
that he presently lacks standing to file any materials in this
case.
III. CONCLUSION

Non-party William Neal's Motion to Strike [DE 23]
IT IS SO ORDERED, this

is DENIED.

~ day of June, 2011.

~H

UNITED STATES DISTRICT JUDGE

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