Jacobs v. Robeson County Public Library, et al

Filing 40

ORDER adopting 35 Memorandum and Recommendations denying 30 Motion for Summary Judgment; denying 37 Motion to Quash; and, denying 24 Motion to Dismiss. Signed by District Judge Louise Wood Flanagan on 9/7/2012. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
No. 7:12-CV-20-FL

SHERRYL LYNN JACOBS,
Plaintiff,

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v.
ROBESON COUNTY PUBLIC
LIBRARY, et al.,
Defendants.

ORDER

This matter is before the court on the Memorandum and Recommendation (“M&R”) of
United States Magistrate Judge Robert B. Jones, Jr., regarding defendants’ motion to dismiss [DE
# 24] and plaintiff’s motion for summary judgment [DE #30]. Also before the court is plaintiff’s
motion to quash / suppress evidence and testimony. No objections to the M&R have been filed, and
the time within which to make any objection has expired. This matter is ripe for ruling. The court
hereby ADOPTS the recommendation of the magistrate judge as its own, and, for the reasons stated
therein, defendants’ motion to dismiss is DENIED without prejudice, and plaintiff’s motion for
summary judgment is DENIED without prejudice. With respect to the motion to quash, where
plaintiff has not demonstrated that any witness testimony she seeks to quash lacks probative value
in this case or would otherwise be inflammatory or improper, see Fed. R. Civ. P. 26(b) &(c), the
motion to quash is DENIED without prejudice.
SO ORDERED, this the 7th day of September, 2012.

LOUISE W. FLANAGAN
United States District Judge