Turner v. Sunstates Security, LLC et al

Filing 26

ORDER granting 25 Motion to Amend Complaint; granting 16 Motion to Dismiss. The complaint is DISMISSED without prejudice. Plaintiff shall file the amended complaint not later than January 5, 2018. Defendant may plead in response to the amended complaint in accordance with the Federal Rules of Civil Procedure. Signed by Chief Judge James C. Dever III on 12/27/2017. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTil CAROLINA
WESTERN DMSION
No. 5:17-CV-363-D

GLENN W. TURNER,
Plaintiff,

v.
SUNSTATES SECURITY, LLC.,
Defendant.

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ORDER

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On October 11, 2017, Sunstates Security, LLC ("Sunstates Security'' or "defendanf') moved

to dismiss plaintiff Glenn W. Turner's ("Turner'' or ''plaintiff'') prose complaint [D.E. 16] and filed
a memorandum in support [D.E. 17]. Turner makes conclusory allegations of employment
discrimination in his complaint. See [D.E. 6]. After filing the complaint, Turner retained counsel
who responded in opposition to the motion to dismiss and requested leave to amend the complaint
[D.E. 22]. On December 5, 2017, Sunstates Security replied [D.E. 23]. On December 15,2017,
Turner moved to amend his complaint [D.E. 25].
Defendant's motion to dismiss [D.E. 16] is GRANTED. See, e.g., McCleary-Evans v. Md.
De_p't ofTransp.• State Highway Admin., 780 F.3d 582, 585-88 (4th Cir. 201 5}, cert. denied, 136 S.
Ct. 1162 (2016); Brown v. Wake Cty. Gov't No. 5:16-CV-806-D, 2017

WL~2982971,

at *4-7

(E.D.N.C. July 12, 2017) (unpublished). The complaintisDISMISSED without prejudice. Plaintiff's
motion to amend [D.E. 25] is GRANTED. Plaintiff shall file the amended complaint not later than
January 5, 2018. Defendant may plead in response to the amended complaint in accordance with the
Federal Rules of Civil Procedure. See Fed. R. Civ. P. 15(a)(3).

SO ORDERED. This _M day of December 2017.

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