Griffith et al v. Gray et al

Filing 27

ORDER accepting the 26 Memorandum and Recommendation; denying the 20 Motion to Dismiss. Signed by District Judge Martin Reidinger on 1/25/2017. (kby)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:16-cv-00235-MR-DLH

CAROLYN ELIZABETH GRIFFITH,

)
)
Plaintiff,
)
)
vs.
)
)
ANTHONY CRAWFORD GRAY, et al., )
)
Defendants.
)
_______________________________ )

ORDER

THIS MATTER is before the Court on the Motion to Dismiss [Doc. 20]
filed by Defendants Arjana Rosic and Samir Duratovic and the Magistrate
Judge’s Memorandum and Recommendation [Doc. 26] regarding the
disposition of that motion.
Pursuant to 28 U.S.C. § 636(b) and the standing Orders of Designation
of this Court, the Honorable Dennis L. Howell, United States Magistrate
Judge, was designated to consider the motion to dismiss and to submit a
recommendation for its disposition.
On January 9, 2017, the Magistrate Judge filed a Memorandum and
Recommendation in this case containing conclusions of law in support of a
recommendation regarding the motion to dismiss. [Doc. 26]. The parties
were advised that any objections to the Magistrate Judge’s Memorandum

and Recommendation were to be filed in writing within fourteen (14) days of
service. The period within which to file objections has expired, and no written
objections to the Memorandum and Recommendation have been filed.
After a careful review of the Magistrate Judge’s Recommendation, the
Court finds that the proposed conclusions of law are consistent with current
case law. Accordingly, the Court hereby accepts the Magistrate Judge’s
recommendation that the motion to dismiss should be denied.
IT IS, THEREFORE, ORDERED that the Memorandum and
Recommendation [Doc. 26] is ACCEPTED, and the Motion to Dismiss [Doc.
20] is hereby DENIED.
IT IS SO ORDERED.

Signed: January 25, 2017

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