McMillan v. Cumberland County Schools

Filing 38

ORDER DENYING: 30 Motion to Dismiss for Failure to State a Claim. Signed by Chief Judge James C. Dever III on 3/18/15. (O'Brien, C.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:14-CV-344-D BOBBYDYNE MCMILLAN, Plaintiff, v. ) ) ) ) ) ORDER ) CUMBERLAND COUNTY SCHOOLS, CUMBERLAND COUNTY BOARD OF EDUCATION, and JOSEPH M. LOCKLEAR, Defendants. ) ) ) ) ) ) On January 23,2015, defendants filed a motion to dismiss [D.E. 30]. The motion to dismiss [D.E. 30] is DENIED. Whether plaintiff will survive amotion for summary judgment is an issue for another day. SO ORDERED. This 18 dayofMarch2015. J SC.DEVERID Chief United States District Judge

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