Eastpointe Human Services v. North Carolina Department of Health and Human Services et al

Filing 48

JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED that the court GRANTS defendants' motions to dismiss. (DE 26, 30, and 31 ). Where the court lacks subject matter jurisdiction over the action, the court DENIES AS MOOT plaintiff's motion for temporary restraining order (DE 6). This matter is DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. Signed by Peter A. Moore, Jr., Clerk of Court on 6/29/2017. (Edwards, S.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
EASTPOINTE HUMAN SERVICES,
Plaintiff,

)
)
)
v.
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NORTH CAROLINA DEPARTMENT OF
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HEALTH AND HUMAN SERVICES,
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NASH COUNTY, TRILLIUM HEALTH
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RESOURCES, MANDY K. COHEN, in her )
official capacity as Secretary of the North
)
Carolina Department of Health and Human )
)
Services , and RICHARD 0 . BRAJER, in
his individual and former official capacity
)
as Secretary of the North Carolina
)
Department of Health and Human Services, )
Defendants.
)

JUDGMENT IN A CVllL CASE
CASE NO. 5:17-CV-275-FL

Decision by Court.
This action came before this Court for ruling as follows.
IT IS ORDERED, ADJUDGED AND DECREED that the court GRANTS defendants' motions to
dismiss. (DE 26 , 30, and 31 ). Where the court lacks subject matter jurisdiction over the action ,
the court DENIES AS MOOT plaintiff's motion for temporary restraining order (DE 6) . This matter
is DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction.
This Judgment Filed and Entered on June 29, 2017 and Copies to:
R. Jonathan Charleston (via CM/ECF Notice of Electronic Filing)
Wade E. Byrd (via CM/ECF Notice of Electronic Filing)
Quintin D. Byrd (via CM/ECF Notice of Electronic Filing)
Jose A Coker (via CM/ECF Notice of Electronic Filing)
Michael T. Wood (via CM/ECF Notice of Electronic Filing)
Maurice Greg Crumpler (via CM/ECF Notice of Electronic Filing)
W . Dudley Whitley, Ill (via CM/ECF Notice of Electronic Filing)
Nicholas C . Brown (via CM/ECF Notice of Electronic Filing)
Richard Paul Leissner, Jr. (via CM/ECF Notice of Electronic Filing)

DATE
June 29 , 2017

PETER A Mx . JR., CLERK

"- s~~ t~OASb
(By) Susan K. Edwards, Deputy Clerk