Thrash v. N.C. DHHS - Medicaid Assistance et al

Filing 44

JUDGMENT in favor of Defendants against Michael E. Thrash - Signed by Dennis P. Iavarone, Clerk of Court on 09/09/2011. (Baker, C.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION

MICHAEL E. THRASH,

)
)
Plaintiff,
)
)
v.
)
)
NORTH CAROLINA DEPARTMENT
)
OF HEALTH AND HUMAN SERVICES, )
Division of Medicaid Assistance; ELLA
)
SIMMONS; JAMES R. GILREATH;
)
DARE COUNTY AIRPORT
)
AUTHORITY; and DAVID P. FARROW, )
)
Defendants.
)

JUDGMENT
No. 7:10-CV-243-FL

Decision by Court.
This action came before the Honorable Louise W. Flanagan, Chief United States District Judge, for
consideration of the Memorandum and Recommendation by United States Magistrate Judge William
A. Webb on plaintiff’s complaint, and the Memorandum and Recommendation by United States
Magistrate Judge William A. Webb on defendant Dare County Airport Authority’s motion to dismiss
or, in the alternative, for judgment on the pleadings, plaintiff’s motion to appoint counsel and
plaintiff’s motion for summary judgment.
IT IS ORDERED, ADJUDGED AND DECREED in accordance with the court’s orders
entered on February 28, 2011 and September 7, 2011, and for reasons stated more specifically
therein, that:
(1)

Plaintiff’s claims against all defendants except Dare County Airport Authority are
DISMISSED as frivolous;

(2)

Plaintiff’s motion to appoint counsel is DENIED and plaintiff’s motion for
summary judgment is DENIED; and,

(3)

Defendant Dare County Airport Authority’s motion to dismiss is DENIED, but
defendant’s alternative motion for judgment on the pleadings pursuant to Rule
12(c) is GRANTED.

The plaintiff shall have and recover nothing from this action.

This Judgment Filed and Entered on September 9, 2011, and Copies To:
Michael E. Thrash (0408034) (via U.S. Mail)
Tabor Correctional Institution, PO Box 730, Tabor City, NC 28463
John E. Grupp (via CM/ECF Notice of Electronic Filing)

September 9, 2011

DENNIS P. IAVARONE, CLERK
/s/ Christa N. Baker
(By) Christa N. Baker, Deputy Clerk