McCollum, et al. v. Robeson County, et al.

Filing 67

ORDER denying without prejudice 30 Motion to Dismiss. Signed by District Judge Terrence W. Boyle on 3/11/2016. Counsel is reminded to read the order in its entirety for critical deadlines and information. (Romine, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:15-CV-451-BO
)
)
)
)
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v.
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ROBESON COUNTY, TOWN OF RED
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SPRINGS, KENNETH SEALEY, both
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individually and in his official capacity
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as Sheriff of Robeson County, KENNETH )
SNEAD, JOEL GARTH LOCKLEAR,
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LARRY FLOYD, LEROY ALLEN,
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ESTATE OF LUTHER HAGGINS,
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GERALDINE BRITT HAGGINS, as
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administratrix/executrix of the Estate of
Luther Haggins,
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Defendants.

HENRY LEE MCCOLLUM and LEON
BROWN,
Plaintiffs,

ORDER

This matter comes before the Court on defendant Geraldine Britt Haggins's motion to
dismiss the complaint against the "Estate of Luther Haggins" and "Geraldine Britt Haggins as
administratrix/executrix of the Estate of Luther Haggins." [DE 30].
Plaintiffs have responded admitting that these defendants were named in error, as there
was no estate of Luther Haggins at the time the complaint was filed. Plaintiffs have since
contacted the appropriate sources to open an estate for Luther Haggins, and a Paul T. Canady, II,
was appointed Administrator CTA of the Estate in December 2015. Plaintiffs informed the Court
they would file an amended complaint naming Mr. Canady as the real party in interest but have
not yet done so. Plaintiffs also requested that the Court refrain from ruling on Ms. Haggins's
status until the estate is resolved in state court, as she was named executor of Mr. Haggins's
estate by his will.

Accordingly, defendant's motion is presently DENIED WITHOUT PREJUDICE. [DE
30]. Plaintiffs are DIRECTED to file an amended complaint within ten (10) days of the date this

Order is entered on the docket.

SO ORDERED, this

_L/__ day of March, 2016.
TI!RRENCE W. BOYLE
UNITED STA TES DISTRICT J

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