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)

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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 2

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