MCNEILL v. SCOTT et al

Filing 43

ORDER signed by JUDGE JAMES A. BEATY, JR on 06/27/2014, that Defendants Scott and Cleary's Motion to Dismiss Official Capacity Claims in Amended Complaint Against Defendants Scott and Cleary [Doc. # 33 is GRANTED, and all official capacity claims against Defendants Cleary and Scott are DISMISSED. FURTHER that Defendants Scott and Cleary's Partial Motion to Dismiss the Official Capacity Claims [Doc. # 27 is denied as moot. (Taylor, Abby)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
EMMIT L. MCNEILL,
Plaintiff,
v.
PTL. BRANDON SCOTT, JEREMY
CLEARY, CORPORAL B. RODGER,
SGT. TRACY GRADY,
Defendants.

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1:09CV698

ORDER
BEATY, District Judge.
On May 13, 2014, the United States Magistrate Judge’s Memorandum Opinion, Order,
and Recommendation [Doc. #41] was filed and notice was served on the parties pursuant to
28 U.S.C. § 636(b). In the Recommendation, the Magistrate Judge recommended that
Defendant Brandon Scott and Defendant Jeremy Cleary’s Motion to Dismiss Official Capacity
Claims in Amended Complaint Against Defendants Scott and Cleary [Doc. #33] be granted, and
that all official capacity claims against Defendants Cleary and Scott be dismissed. The Magistrate
Judge also recommended that Defendants Scott and Cleary’s Partial Motion to Dismiss the
Official Capacity Claims [Doc. #27] be denied as moot. No objections were filed within the
time limits prescribed by § 636.
In the absence of objections, this Court reviews the Recommendation only for clear
error. See Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005);
Fed. R. Civ. P. 72 advisory committee’s note. The Court has appropriately reviewed the

Recommendation. Having done so, the Court finds that no clear error exists and the
Recommendation should be adopted. The Magistrate Judge’s Recommendation [Doc. #41] is
therefore affirmed and adopted for the reasons set forth therein.
IT IS THEREFORE ORDERED that Defendants Scott and Cleary’s Motion to Dismiss
Official Capacity Claims in Amended Complaint Against Defendants Scott and Cleary
[Doc. #33] is GRANTED, and all official capacity claims against Defendants Cleary and Scott
are DISMISSED. IT IS FURTHER ORDERED that Defendants Scott and Cleary’s Partial
Motion to Dismiss the Official Capacity Claims [Doc. #27] is denied as moot.
This, the 27th day of June, 2014.

United States District Judge

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