Mitchell v. Board of Trustees of Wayne Community College et al

Filing 50

ORDER denying 26 Motion for Defendants to Show Cause as to Why a Default Judgment Should Not Be Issued; denying 28 PETITION for Judicial Review and Consolidation in Mitchell v. WCC et al; granting 42 Motion to Dismiss; granting 42 Motion to Dismiss for improper venue and on grounds of Eleventh Amendment sovereign immunity, Motion to Dismiss for Failure to State a Claim under Title VI and VII and N.C.Gen Stat. 96-15, Motion to Dismiss for Lack of Jurisdiction, subject matter; denying 8 Motion for an Expedited Rule 16 Scheduling Conference and Order; and denying 19 Motion for Default Judgment - Signed by Chief Judge James C. Dever III on 11/3/2014. (Tripp, S.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION 5: 14-CV-231-D v. ) ) ) ) ) BOARD OF TRUSTEES OF WAYNE COMMUNITY COLLEGE, et al., ) ) ) PAUL A. MITCHELL, Plaintiff, Defendants. ORDER ) ) On June 16, 2014, Paul A. Mitchell ("Mitchell" or "plaintiff') filed a motion for an expedited Rule 16 scheduling conference [D.E. 8]. On June 25, 2014, Mitchell filed a motion for a default judgment [D.E. 19]. On July 18,2014, Mitchell filed amotion for an order to show cause [D.E. 26]. On July 21, 2014, Mitchell filed a motion for judicial review and consolidation [D.E. 28]. Defendants responded in opposition. Mitchell's motions [D.E. 8, 19, 26, 28] lack merit and are DENIED. The motion to dismiss of the North Carolina Division of Employment Security [D.E. 42] is GRANTED for the reasons stated in this court's order in Mitchell v. Wayne Cmty. Coli. and the N.C. Div. ofEmp't Sec., No. 5:14-CV-584-D, at *5-9 (E.D.N.C. Nov. 3, 2014) (unpublished). SO ORDERED. This _3_ day ofNovember 2014.

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