Kautz v. The Trustees of Haywood Community College et al

Filing 23

ORDER granting in part and denying in part 13 Motion to Dismiss; adopting Memorandum and Recommendations re 22 Memorandum and Recommendations. Signed by District Judge Martin Reidinger on May 10, 2011. (jhg)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:10cv235

MARY KAUTZ,

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Plaintiff,
vs.
TRUSTEES OF HAYWOOD
COMMUNITY COLLEGE, and
ROSE HARRELL JOHNSON,
Defendants.

ORDER

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THIS MATTER is before the Court on the Defendants’ Motion to Dismiss
[Doc. 13].
Pursuant to 28 U.S.C. § 636(b) and the Standing Orders of Designation
of this Court, United States Magistrate Judge David Keesler was designated
to consider this Motion and to submit recommendations for its disposition.
On March 31, 2011, the Magistrate Judge filed a Memorandum and
Recommendation in which he recommended granting the motion to dismiss.
[Doc. 22]. The parties were advised that any objections to the Magistrate

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Judge's conclusions and recommendations were to be filed in writing within
fourteen days of service of the Recommendation and that failure to file
objections to the Memorandum and Recommendation would preclude the
parties from raising any objection on appeal. [Id., at 8]. The period within
which to file objections expired on April 18, 2011 and no written objections to
the Memorandum and Recommendation have been filed.
The Court concludes that the Magistrate Judge’s recommendation is
supported by the record and the law. Accordingly, the Court hereby accepts
the Magistrate Judge's Recommendation.
IT IS, THEREFORE, ORDERED that the Defendants’ Motion to Dismiss
[Doc. 13] is hereby GRANTED and all claims against the Defendants are
hereby DISMISSED with the exception of the Plaintiff’s claim alleging a
violation of the Family and Medical Leave Act and/or claims against
Defendant Johnson in her individual capacity pursuant to 42 U.S.C. §1983.
Signed: May 10, 2011

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