DAVIS v. DUNCAN, et al

Filing 37

JUDGMENT signed by JUDGE LORETTA C. BIGGS on 04/27/2015 adopting the Magistrate Judge's Recommendation, that Defendant's Motion to Dismiss (Doc. 21 ) be GRANTED as to Counts 2 and 3 of Plaintiff's Complaint, but be DENIED as to Count 1. FURTHER ORDERED AND ADJUDGED that Plaintiff's Motion for Partial Summary Judgment (Doc. 23 ) as to Count 1 be DENIED. (Garland, Leah)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
WILLIAM C. DAVIS,

)
)
)
)
)
)
)
)
)
)

Plaintiff,
v.
MARK J. DUNCAN and TRIAL
AND ERRORS, INC.,
Defendant.

1:12CV262

JUDGMENT
The Recommendation of the United States Magistrate Judge was filed in accordance
with 28 U.S.C. ' 636(b) and, on March 31, 2015, was served on the Plaintiff. (Doc. 34.) No
objections were filed within the time prescribed by ' 636.
The court hereby adopts the Magistrate Judge=s Recommendation.
IT IS ORDERED AND ADJUDGED that Defendant’s Motion to Dismiss (Doc. 21)
be GRANTED as to Counts 2 and 3 of Plaintiff’s Complaint, but be DENIED as to Count
1. IT IS FURTHER ORDERED AND ADJUDGED that Plaintiff’s Motion for Partial
Summary Judgment (Doc. 23) as to Count 1 be DENIED.
This, the 27th day of April, 2015.

/s/ Loretta C. Biggs
United States District Judge