Turner v. Shaw Constructors, Inc.

Filing 15

ORDER of Dismissal granting 12 MOTION to Dismiss Plaintiff's Amended Complaint and this action is hereby DISMISSED without prejudice. Signed by District Judge Martin Reidinger on 10/18/11. (nll) Modified text on 10/18/2011 (nll). NEF Regenerated.

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:11cv97

MARTIN TURNER,
Plaintiff,
vs.
SHAW CONSTRUCTORS, INC.,
Defendant.

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ORDER OF DISMISSAL

THIS MATTER is before the Court on the Defendants’ Motion to
Dismiss Plaintiff’s Amended Complaint [Doc. 12].
Pursuant to 28 U.S.C. § 636(b) and the Standing Orders of
Designation of this Court, United States Magistrate Judge Dennis L. Howell
was designated to consider this Motion and to submit recommendations for
its disposition.
On September 30, 2011, the Magistrate Judge filed a Memorandum
and Recommendation (Doc. 14)] in which he recommended granting the
motion to dismiss without prejudice. The period within which to file
Objections expired on October 17, 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 Plaintiff’s Amended Complaint [Doc. 12] is hereby GRANTED and
this action is hereby DISMISSED without prejudice.
Signed: October 18, 2011