Gipson v. Onslow County et al

Filing 46

ORDER granting 42 Motion to Dismiss for Failure to State a Claim - Signed by Chief Judge James C. Dever III on 8/5/2014. (Tripp, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
No. 7:13-CV-44-D

ALFRED GffiSON, Individually and as
Legal Representative for Alfred H. Gibson,

)
)
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Plaintiff,
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v.
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ONSLOW COUNTY, ONSLOW COUNTY )
SHERIFF'S DEPARTMENT, ONSLOW
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COUNTY SHERIFF, in his Individual and
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Official Capacities, and DOES 1 through 10, )
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Defendants.
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ORDER

On June 3, 2014, defendants filed a motion to dismiss plaintiff's complaint. See [D.E. 42];
Fed. R. Civ. P. 12(b)(6). On June 24,2014, the court notified plaintiff of the motion to dismiss, and
theconsequencesoffailingtorespond. See [D.E. 45]; Roseborov. Garrison, 528 F.2d309, 310 (4th
Cir. 1975) (per curiam). Plaintiff did not respond.
The court has reviewed the record under the governing standard. See Fed. R. Civ. P.
12(b)(6). Defendants' motion to dismiss [D.E. 42] is GRANTED.
SO ORDERED. This_£_ day of August 2014.

SC.DEVERID
J
Chief United States District Judge