Lucas v. Brake, et al

Filing 40

ORDER adopting 39 Memorandum and Recommendations; denying 24 Motion to Dismiss; denying as moot 14 Motion to Dismiss; and denying as moot 20 Motion to Dismiss - All deadlines and requirements set forth in the court's case management order entered March 22, 2013, remain in effect. Signed by District Judge Louise Wood Flanagan on 06/21/2013. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:12-CV-735-FL

HOWARD E. LUCAS,
Plaintiff,
v.
SERGEANT SEAN BRAKE, sued
individually and in official capacity;
NORLINA POLICE CHIEF CHARLIE
BARKER, sued individually and in
official capacity; TOWN OF NORLINA;
SHERIFF OF WARREN COUNTY
JOHNNY M. WILLIAMS sued
individually and in official capacity.,
WARREN COUNTY DETENTION
CENTER EMPLOYEES JOHN AND
JANE DOE(S), sued individually and in
official capacity,
Defendants.

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ORDER

This matter is before the court on the Memorandum and Recommendation (“M&R”) of
United States Magistrate Judge , regarding the following motions: motion to dismiss by Johnny M.
Williams (DE 14), motion to dismiss by Norlina Police Department (DE 20), and motion to dismiss
amended complaint by Johnny M. Williams (DE 24). No objections to the M&R have been filed,
and the time within which to make any objection has expired. This matter is ripe for ruling.
Upon careful review of the M&R and of the record generally, having found no clear error,
the court hereby ADOPTS the recommendation of the magistrate judge as its own, and, for the
reasons stated therein, the motion to dismiss by Johnny M. Williams (DE 14) is DENIED AS

MOOT, the motion to dismiss by Norlina Police Department (DE 20) is DENIED AS MOOT,1 and
motion to dismiss amended complaint by Johnny M. Williams (DE 24) is DENIED. All deadlines
and requirements set forth in the court’s case management order entered March 22, 2013, remain
in effect.
SO ORDERED this the 21st day of June, 2013.

______________________________
LOUISE W. FLANAGAN
United States District Judge

1

In addition to the reasons stated in the M&R, the court notes that the motion to dismiss
by Norlina Police Department is denied as moot because the amended complaint filed February
4, 2013, does not name Norlina Police Department as a defendant in this case.
2