WILLINGHAM v. MAYBUS

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)

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).