SAMPSON v. GUILFORD COUNTY, ET AL.

Filing 18

MEMORANDUM OPINION AND ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 08/04/2017. The motions to dismiss 5 and 8 are GRANTED and this case is DISMISSED WITH PREJUDICE. A judgment consistent with this Memorandum Opinion and Order will be entered contemporaneously. (Coyne, Michelle)

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

TAWANA F. SAMPSON,
Plaintiff,
v.
GUILFORD COUNTY, et al.,
Defendants.

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1:16CV1069

MEMORANDUM OPINION AND ORDER
OSTEEN, JR., District Judge
This matter is before the court on the Motion to Dismiss
Plaintiff’s Complaint (Doc. 5) filed by Defendants Guilford
County Sheriff’s Department, B.J. Barnes, Daryl L. Lanier,
Michael A. Allred, Bradley E. Cheek, P. Summers, R. Beasley,
Jonathan Tufo, Carl Harper, and D.A. Murnane. Also before the
court is a Motion to Dismiss (Doc. 8) filed by Defendants
Guilford County, Marty Lawing, Jeff Phillips, Alan Branson, Kay
Cashion, Carolyn Coleman, Justin Conrad, J. Carlvena Foster,
Hank Henning, Alan Perdue, Ray Trapp, and John & Jane Doe 1-5.
Plaintiff Tawana F. Sampson has not responded to either motion.
For the reasons expressed herein, this court will grant both
motions to dismiss.

On April 25, 2016, Plaintiff Sampson filed a 20-page
Complaint in the Middle District or North Carolina against a
number of state government employees claiming she was
“wrongfully and brutally beaten by officers of the Guilford
County Sheriff Department . . . with such physical abuse rising
to the level of torture and rendering Ms. Sampson totally
disabled, all because of her race.” (Case No. 1:16CV376,
Complaint (Doc. 1) ¶ 1.) The Complaint in that civil action
contained no other factual allegations. (See id.)
In an Order and Recommendation filed July 15, 2016,
Magistrate Judge Joi Elizabeth Peake found that the abovementioned Complaint should be dismissed without prejudice due,
in significant part, to insufficient factual allegations. (See
Case No. 1:16CV376, Order and Recommendation of United States
Magistrate Judge (Doc. 4) at 4-5.) Plaintiff did not file any
objections and this court adopted the Recommendation on
August 8, 2016, dismissing the action without prejudice so that
Plaintiff could add to her lacking factual allegations. (Case
No. 1:16CV376, Judgment (Doc. 6).)
On August 22, 2016, Plaintiff filed another Complaint in
the Middle District of North Carolina, commencing the present
action (Doc. 1). Upon this court’s inspection, the present
Complaint is the same Complaint that Plaintiff filed in Case No.
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1:16CV376 on April 25, 2016. Plaintiff did not address any of
the flaws that Magistrate Judge Peake identified in her July 15,
2016 Order and Recommendation. Specifically, Plaintiff did not
supplement the inadequate factual allegations.
As such, this court will dismiss Plaintiff’s present
Complaint for the same reasons expressed in Magistrate Judge
Peake’s July 15, 2016 Order and Recommendation, this time with
prejudice.
IT IS THEREFORE ORDERED that the motions to dismiss (Docs.
5, 8) are GRANTED and this case is DISMISSED WITH PREJUDICE.
A judgment consistent with this Memorandum Opinion and
Order will be entered contemporaneously herewith.
This the 4th day of August, 2017.

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United States District Judge

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