HARRIS v. GUICE et al

Filing 43

ORDER signed by JUDGE JAMES A. BEATY, JR on 05/04/2015 adopting the Magistrate Judge's Recommendation, that the Motion to Dismiss filed by Defendant Hassan[Doc. # 22 ] is DENIED. FURTHER ORDERED that the Motion to Dismiss filed by Defendants Lewis Smith and Paula Smith [Doc. # 31 ] is GRANTED, and all claims against them are DISMISSED. (Garland, Leah)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA TOMMY WAYNE HARRIS, Plaintiff, v. W. DAVID GUICE, MS. PAULA SMITH, LIEUTENANT LEWIS SMITH, J. GODFREY, SAMI HASSAN, and BILLIE MARTIN, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) 1:13CV268 ORDER On March 26, 2015, the United States Magistrate Judge’s Recommendation was filed and notice was served on the parties pursuant to 28 U.S.C. § 636. Plaintiff filed a supplement [Doc. #41] to his original Complaint, and both Plaintiff and Defendant Sami Hassan filed objections [Doc. #39; Doc. #40] to the Recommendation within the time limit prescribed by Section 636. The Court has reviewed those objections de novo and finds that they do not change the substance of the United States Magistrate Judge’s Recommendation [Doc. #37], which is affirmed and adopted. IT IS THEREFORE ORDERED that the Motion to Dismiss filed by Defendant Hassan [Doc. #22] is DENIED. IT IS FURTHER ORDERED that the Motion to Dismiss filed by Defendants Lewis Smith and Paula Smith [Doc. #31] is GRANTED, and all claims against them are DISMISSED. This, the 4th day of May, 2015. United States District Judge

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