Swaso v. Onslow County Board of Education, et al

Filing 57

ORDER denying as moot 55 Motion for Clarification of the October 25, 2016 Order - The court DIRECTS the clerk to enter amended judgment, in accordance herewith, and in accordance with the court's October 25, 2016, order, stating that defendants' motion to dismiss is granted and plaintiff's complaint is DISMISSED WITH PREJUDICE. Signed by District Judge Louise Wood Flanagan on 1/31/2017. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
No. 7:13-CV-224-FL

CARMEN SWASO,
Plaintiff,
v.

ONSLOW COUNTY BOARD OF
EDUCATION; PAMELA THOMAS, in her
individual and official capacity; DR.
KATHY SPENCER, Superintendent
Onslow County Schools, in her individual
and official capacity, and DR. DONNA
LYNCH, in her individual and official
capacity,
Defendants.

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ORDER

This matter is before the court on plaintiff's motion for clarification of the court’s October
25, 2016, order (DE 55), and upon plaintiff’s notice of intention to stand on the pleadings. (DE 56).
Upon plaintiff’s notice, the motion for clarification is DENIED AS MOOT. Plaintiff has noticed
her intention to stand on the pleadings and waives the right to further amend the complaint. In light
of plaintiff's notice, no further amendment will cure the defects in the plaintiff’s case, and the
complaint must be dismissed with prejudice. See Goode v. Cent. Virginia Legal Aid Soc’y, Inc., 807
F.3d 619, 623, 629 (4th Cir. 2015) (citing Chao v. Rivendell Woods, Inc., 415 F.3d 342, 345 (4th
Cir. 2005)). The court DIRECTS the clerk to enter amended judgment, in accordance herewith, and
in accordance with the court’s October 25, 2016, order, stating that defendants’ motion to dismiss

is granted and plaintiff’s complaint is DISMISSED WITH PREJUDICE.
SO ORDERED, this the 31st day of January, 2017.

_________________________
LOUISE W. FLANAGAN
United States District Judge

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