Elliott et al v. Johnson Lexus of Raleigh et al

Filing 12

ORDER denying 11 Motion for Reconsideration regarding 5 Memorandum and Recommendations and 6 Order - Signed by Senior Judge James C. Fox on 11/25/2014. (Tripp, S.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:14-CV-501-F SANDRA ELLIOTT and LEARNING LINKS EDUCATIONAL CENTER, Plaintiffs, v. JOHNSON LEXUS OF RALEIGH and BRANCH MANAGERS, Defendants. ) ) ) ) ) ) ) ) ) ) ) ORDER This matter is before the court on Plaintiff Sandra Elliott's "Motion in Response to US District Court Order" [DE-11]. Therein, she asserts that she timely filed an objection to the Magistrate Judge's M&R in this case. She apparently seeks the reconsideration of this court's November 14, Order [DE-6] which adopted the M&R and dismissed the complaint in this action. The court previously recognized that Elliott had filed a timely objection to the M&R, and accordingly, the court sua sponte vacated its November 14, 2014, Order and Judgment. See November 24, 2014, Order [DE-9]. The court proceeded to consider the M&R in light of Elliott's timely objections. After conducting a de novo review of the record, the court found Elliott's objections to be without merit, and the M&R to be correct and in accordance with the law. The court accordingly adopted the M&R and ordered Plaintiffs'§ 1983 and§ 1985 claims be dismissed. The court declined to exercise supplemental jurisdiction over the remaining state law claims, and ordered they be dismissed without prejudice. Nothing in Elliott's latest filing alters this court's decision. Accordingly, the motion [DE-ll] is DENIED. SO ORDERED. ;. This _1__!_ day ofNovember, 2014. J19ESC.FOX Senior United States District Judge 2

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