Hammonds v. State of North Carolina Department of Transportation of Division of Motor Vehicles

Filing 17

ORDER denying 13 MOTION for Honorable Court to Move Case Forth; denying 14 Motion to Answer; denying 15 MOTION of a Conflict of Interest on a Defendant's Attorney. Plaintiff must respond to defendant's motion to dismiss on or before August 20, 2019. In the event plaintiff fails to respond, the court may grant the motion on the grounds advanced therein. Signed by District Judge Louise Wood Flanagan on 8/6/2019. (A certified copy of this Order was sent via US mail to Danny Ray Hammonds, 24 Aundrea Ave., Lumberton, NC 28358.) (Collins, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
NO. 7:19-CV-72-FL

DANNY RAY HAMMONDS,
Plaintiff,
v.
STATE OF NORTH CAROLINA
DEPARTMENT OF
TRANSPORTATION OF DIVISION OF
MOTOR VEHICLES,
Defendant.

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ORDER

This matter is before the court on plaintiff’s motions to move the case forth (DE 13), motion
to answer (DE 14), and motion of a conflict of interest (DE 15). Where defendant has filed a motion
to dismiss for lack of jurisdiction and for failure to state a claim (DE 9), relief in the form of further
case activities as plaintiff now seeks is not warranted. Therefore, plaintiff’s motions are DENIED.
Plaintiff’s response to defendant’s motion to dismiss is past due. However, in light of the court’s
disposition of the instant motions, the court allows plaintiff an extension of time to file such
response. Plaintiff must respond to defendant’s motion to dismiss on or before August 20, 2019.
In the event plaintiff fails to respond, the court may grant the motion on the grounds advanced
therein.
SO ORDERED, this the 6th day of August, 2019.
_____________________________
LOUISE W. FLANAGAN
United States District Judge