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.)

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

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