SIERRA v. HASSAN MD et al

Filing 30

ORDER signed by JUDGE THOMAS D. SCHROEDER on 3/12/2014, adopting the Magistrate Judge's Recommendation (doc. 25 ); that Defendant Sami Hassan's Motion to Dismiss (Doc. 9 ) is GRANTED, that Defendant Billie S. Martin's Motion to Dismiss (Doc. 18 ) is GRANTED, and that this action is DISMISSED WITH PREJUDICE. (Lloyd, Donna)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

JAIME D. SIERRA,
Plaintiff,
v.
SAMI HASSAN, MD, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

1:13CV29

ORDER
The Recommendation of the United States Magistrate Judge was
filed with the court in accordance with 28 U.S.C. § 636(b) and, on
January 17, 2014, was served on the parties in this action.
25, 26.)

(Docs.

Plaintiff filed timely objections (Doc. 27) to the

Recommendation, and Defendant Billie S. Martin, R.N., B.S.N. filed
a response (Doc. 28).
The court has reviewed the Plaintiff’s objections de novo and
finds they do not change the substance of the United States Magistrate
Judge’s Recommendation (Doc. 25), which is affirmed and adopted. 1
IT IS THEREFORE ORDERED that Defendant Sami Hassan’s Motion to
Dismiss (Doc. 9) is GRANTED, that Defendant Billie S. Martin’s Motion

1

The North Carolina Attorney General seems to still rely on the “no set
of facts” standard for a motion to dismiss under Federal Rule of Civil
Procedure 12(b)(6). (See Doc. 19 at 3, Doc. 28 at 3.) That standard was
expressly rejected in Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 562-63
(2007), in favor of the “plausibility” standard. Insofar as this error
has appeared in more than one case handled by the Attorney General, counsel
should inform the staff at the Attorney General’s office.

to Dismiss (Doc. 18) is GRANTED, and that this action is DISMISSED
WITH PREJUDICE.

/s/
Thomas D. Schroeder
United States District Judge
March 12, 2014

2