MCFADYEN et al v. DUKE UNIVERSITY et al

Filing 346

Third MOTION to Dismiss by LINWOOD E. WILSON. Responses due by 12/9/2013 (WILSON, LINWOOD)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA 1:07cv953 RYAN MCFADYEN, et al., Plaintiffs, Defendant Wilson’ re-renewed Motion to dismissal as filed in document number 324, Dismissal of Counts 5 and 18 v. DUKE UNIVERSITY, et al., Defendants, DEFENDANT WILSON’S RENEWS HIS MOTION TO DISMISS REMAINING CAUSES OF ACTION 5 AND 18 AS A RESULT OF 4TH CIRCUIT COURT OF APPEALS RULING DOCUMENT NUMBER 329 (Appeal: 11-1458 Doc: 80 Filed: 01/15/2013) and THE U. S. SUPREME COURT’S RECENT DENIAL TO HEAR THIS CASE. Defendant Wilson hereby renews his motion to Dismiss Causes 5 and 18 as a result of the Fourth Circuit Court of Appeals Order on January 15, 2013, Document 329 and USCA Doc 80, and the recent denial by the US Supreme Court to take up this case. ORDER Appeal: 11-1458 Doc: 80 Filed: 01/15/2013 The petition for rehearing en banc was circulated to the full court. No judge requested a poll under Fed. R. App. P. 35. The court denies the petition for rehearing en banc. PRAYER FOR RELIEF All of the Plaintiffs in all 3 cases stated, in their oppositions to Defendant Wilson’s Motion to Dismiss (Doc 324 in 1:07cv953, Doc. 186 in 1:07cv739, Doc, 296 in 1:08cv119), that if the Fourth Circuit Court of Appeals ruling is allowed to stand then the Motions to Dismiss filed by Defendant Wilson should be granted. It’s time to grant the Motions to Dismiss by Defendant Wilson in all cases. 1 Respectfully submitted, this the 14th day of November 2013. By: /s/ Linwood E. Wilson Linwood E. Wilson, Pro Se 2 CERTIFICATE OF ELECTRONIC FILING AND SERVICE The undersigned hereby certifies that, pursuant to Rule 5 of the Federal Rules of Civil Procedure and LR5.3 and LR5.4, MDNC, the foregoing pleading, motion, affidavit, notice, or other document/paper has been electronically filed with the Clerk of Court using the CM/ECF system, which system will automatically generate and send a Notice of Electronic Filing (NEF) to the undersigned filing user and registered users of record, and that the Court's electronic records show that each party to this action is represented by at least one registered user of record (or that the party is a registered user of record), to each of whom the NEF will be transmitted. This the 14th day of November 2013. By: /s/ Linwood E. Wilson Linwood E. Wilson Pro Se 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?