Pitts et al v. O'Geary et al

Filing 38

JUDGMENT: IT IS ORDERED AND ADJUDGED that the court GRANTS the Motions to Dismiss [D.E. 9, 28, 30]. The Complaint against Defendants Zollicoffer, OGeary, Griffin, Frazier, Coffey, Daeke, Inscoe, Rainy, Peace-Jenkins, Daye, Kearney, Gill, and Vanc e County Board of Elections is DISMISSED without prejudice. Because Plaintiffs failed to serve Defendants Gary O. Bartlett, North Carolina General Assembly, North Carolina Board of Elections, State of North Carolina, City of Henderson, and Lonnie D avis, Jr. within 120 days of filing the Complaint [D.E. 35], the Court also DISMISSES without prejudice the Complaint against these defendants. Plaintiffs remaining motion [D.E. 36] is DISMISSED. Signed by Debby Sawyer, Deputy Clerk for Julie A. Richards, Clerk of Court on 12/17/2012. A copy of the judgment was mailed to the pro se plaintiffs. (Sawyer, D.)

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

United States District Court
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION

ALAN PITTS, SENECA NICHOLSON-PITTS
and DERYL VON WILLIAMS,
Plaintiffs,
v.

JAMES D. O’GEARY, RAY GRIFFIN,
FRANK FRAZIER, FAYE GILL,
GARY O. BARTLETT, JOHN H. ZOLICOFFER,
JR., NORTH CAROLINA GENERAL
ASSEMBLY, STATE OF NORTH CAROLINA,
CITY OF HENDERSON, VANCE COUNTY
BOARD OF ELECTIONS, NORTH CAROLINA
BOARD OF ELECTIONS, SARA M. COFFERY,
GARRY DAEKE, MICHAEL C. INSCOE,
D. MICHAEL RAINY, BRENDA G. PEACEJENKINS, LONNIE DAVIS, JR., GEORGE
M. DAYE, and JAMES KEARNEY,
Defendants.

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JUDGMENT
5 :12-CV-343-D

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Decision by the Court:
IT IS ORDERED AND ADJUDGED that the court GRANTS the Motions to Dismiss [D.E.
9, 28, 30]. The Complaint against Defendants Zollicoffer, O’Geary, Griffin, Frazier, Coffey, Daeke,
Inscoe, Rainy, Peace-Jenkins, Daye, Kearney, Gill, and Vance County Board of Elections is
DISMISSED without prejudice. Because Plaintiffs failed to serve Defendants Gary O. Bartlett, North
Carolina General Assembly, North Carolina Board of Elections, State of North Carolina, City of
Henderson, and Lonnie Davis, Jr. within 120 days of filing the Complaint [D.E. 35], the Court also
DISMISSES without prejudice the Complaint against these defendants. Plaintiffs’ remaining motion
[D.E. 36] is DISMISSED.
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THE ABOVE JUDGMENT WAS ENTERED TODAY, DECEMBER 17, 2012 WITH
A COPY TO:
Alan Pitts and Seneca Nicholson-Pitts, Pro Se (via USPS to 438 Cross Creek Road, Henderson, NC
27537)
Deryl Von Williams, Pro Se (via USPS to 317 S. Garnett Street, Henderson, NC 27536)
Adam S. Mitchell (via CM/ECF Electronic Notification)
John B. Bradburn (via CM/ECF Electronic Notification)
Kristen Yarbrough Riggs (via CM/ECF Electronic Notification)

December 17, 2012
Date

JULIE A. RICHARDS, Clerk
Eastern District of North Carolina

/s/ Debby Sawyer
(By) Deputy Clerk
Raleigh, North Carolina

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