Filing 32

ORDER denying 20 Motion to Dismiss for Failure to State a Claim. Signed by Chief Judge James C. Dever III on 3/13/2017. (Hayes, Lyndsay)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:16-CV-187-D NATHANIEL WILLINGHAM, Plaintiff, v. ) ) ) ) ) ORDER ) SEAN STACKLEY, ACTING SECRETARY, ) ) DEPARTMENTOFTHENAVY, 1 ) ) Defendant. ) On July 20, 2016, defendant moved to dismiss plaintiff's complaint, or, alternatively requested judgment on the pleadings [D.E. 20]. On September 13, 2016, plaintiff responded in opposition [D.E. 28]. The court has reviewed defendant's motion under the governing standard. See Fed. R. Civ. P. 12(b)(6), (c). The motion [D.E. 20] is DENIED. Whether plaintiff's case will survive amotion for summary judgment is an issue for another day. SO ORDERED. This l!_ day of March 2017. J SC. DEVER III Chief United States District Judge 1 On January 20,2017, Sean Stackley assumed the position ofActing Secretary of the Navy. A public officer's "successor is automatically substituted as a party." Fed. R. Civ. P. 25(d).

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