CHAMBERS v. WALMART STORES, INC.

Filing 30

ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 09/01/2015; that the Magistrate Judge's Recommendation (Doc. 26 ) is ADOPTED. FURTHER ORDERED that Defendants' Partial Motion to Dismiss (Doc. 17 ) is GRANTED IN PART to the extent that all claims against Defendants Calvin Martin, Julie Begines, and Kimberly Murawski are dismissed and that the Motion to Dismiss is otherwise DENIED WITHOUT PREJUDICE to further consideration of these issues on dispositive motions after a period of discovery. (Garland, Leah)

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

MARCUS L. CHAMBERS,
Plaintiff,
v.
WALMART STORES, INC., CALVIN
MARTIN, JULIE BEGINES, and
KIMBERLY MURAWSKI,
Defendants.

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1:14CV996

ORDER
This matter is before this court for review of the
Memorandum Opinion and Recommendation (ARecommendation@) filed on
July 22, 2015, by the Magistrate Judge in accordance with 28
U.S.C. § 636(b).

(Doc. 26.)

In the Recommendation, the

Magistrate Judge recommends that Defendants’ Partial Motion to
Dismiss (Doc. 17) be granted in part to the extent that all
claims against Defendants Calvin Martin, Julie Begines, and
Kimberly Murawski be dismissed and that the Motion to Dismiss be
otherwise denied without prejudice to further consideration of
these issues on dispositive motions after a period of discovery.
The Recommendation was served on the parties to this action on
July 22, 2015 (Doc. 27).

Pro se Plaintiff filed an “Opposition

to the Defendant’s [sic] Motion to Dismiss” (Doc. 28) which the

court will construe as objections to the Recommendation.
Counsel for Defendants responded to Plaintiff’s objections (Doc.
29).
This court is required to Amake a de novo determination of
those portions of the [Magistrate Judge=s] report or specified
proposed findings or recommendations to which objection is made.@
28 U.S.C. § 636(b)(1).

This court Amay accept, reject, or

modify, in whole or in part, the findings or recommendations
made by the [M]agistrate [J]udge. . . . [O]r recommit the matter
to the [M]agistrate [J]udge with instructions.@

Id.

This court has appropriately reviewed the portions of the
Recommendation to which objections were made and has made a
de novo determination which is in accord with the Magistrate
Judge=s Recommendation.

This court therefore adopts the

Recommendation.
IT IS THEREFORE ORDERED that the Magistrate Judge=s
Recommendation (Doc. 26) is ADOPTED.

IT IS FURTHER ORDERED that

Defendants’ Partial Motion to Dismiss (Doc. 17) is GRANTED IN
PART to the extent that all claims against Defendants Calvin
Martin, Julie Begines, and Kimberly Murawski are dismissed and
that the Motion to Dismiss is otherwise DENIED WITHOUT PREJUDICE
to further consideration of these issues on dispositive motions
after a period of discovery.
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This the 1st day of September, 2015.

_______________________________________
United States District Judge

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