Tobi v. N.C. Dept. of Public Safety (Community Corrections) et al

Filing 17

ORDER granting 13 Motion to Dismiss for Lack of Jurisdiction. Signed by Chief Judge James C. Dever III on 12/28/2016. (Briggeman, N.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DMSION No. 5:16-CV-340-D GEORGE ANGELO TOBI, Plaintiff, ) ) ) ) ) ~ ORDER ) NORTH CAROLINA DEPARTMENT OF ) PUBLIC SAFETY, and ANN PRECYTHE, ) ) Defendants. ) On October 18,2016, defendants moved to dismiss plaintiff's prose complaint [D.E. 13] and filed a memorandum in support [D.E. 14]. See Fed. R. Civ. P. 12(b)(1), (2), (5), (6). On November 7, 2016, plaintiff responded [D.E. 16]. Plaintiff seeks $5,000,000 in damages arising from his alleged wrongful discharge from state employment. See [D.E. 7]. Plaintiff's claiins are based on North Carolina law. See id. The Eleventh Amendment bars plaintiff 's claims against the state and Ann Precythe in her official capacity. Additionally, the court lacks subject-matter jurisdiction under 28 U.S.C. § 1331 or § 1332. Thus, the court GRANTS defendants' motion to dismiss for lack of subject-matter jurisdiction [D.E. 13]. SO ORDERED. This ~i day of December 2016.

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