Cole v. Wake County Board of Education

Filing 27

ORDER denying 21 Motion to Dismiss; denying 21 Motion to Dismiss for Failure to State a Claim. Signed by Chief Judge James C. Dever III on 4/10/2017. (Briggeman, N.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:16-CV-765-D WANZACOLE, Plaintiff, v. WAKE COUNTY BOARD OF EDUCATION, Defendant. ) ) ) ) ) ) ) ) ) ) ORDER On February 3, 2017, defendant moved to dismiss plaintiff's amended complaint [D.E. 21]. See Fed. R. Civ. P. 12(b)(6). On March 17, 2017, plaintiff responded in opposition [D.E. 26]. The court has considered the motion and amended complaint under the governing standard. The motion to dismiss [D.E. 21] is DENIED. Whether plaintiff will survive a motion for summary judgment is an issue for another day. SO ORDERED. This J..Q_ day of April2017.

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