Gethers v. Wake County Sheriff's Office et al

Filing 6

ORDER adopting 4 Memorandum and Recommendations. Wake County Sheriff's Office is DISMISSED. Signed by Senior Judge W. Earl Britt on 8/27/2012. (Marsh, K)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:12-CV-430-BR

MONIFA A. GETHERS,
Plaintiff,
v.
WAKE COUNTY SHERIFF’S OFFICE, and
SHERIFF DONNIE HARRISON,
Defendants.

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ORDER

This matter is before the court on the 30 July 2012 Memorandum and Recommendation
(“M&R”) of Magistrate Judge James E. Gates recommending that defendant Wake County
Sheriff’s Office be dismissed because it is not an entity capable of being sued. Plaintiff has not
filed objections to the M&R. The court ADOPTS the M&R as its own. Accordingly, the Wake
County Sheriff’s Office is DISMISSED, and this case shall proceed against the remaining
defendant, Sheriff Donnie Harrison.
This 27 August 2012.

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W. Earl Britt
Senior U.S. District Judge