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.)

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5:14-CV-584-D, at *5-9 (E.D.N.C. Nov. 3, 2014) (unpublished).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.