Martin v. Garrett et al

Filing 19

ORDER granting 13 Motion to Dismiss for Lack of Jurisdiction and Motion to Dismiss for Failure to State a Claim. Defendant North Carolina Department of Public Safety is TERMINATED as a party defendant to this action. Signed by District Judge Max O. Cogburn, Jr on 04/23/18. (emw)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION DOCKET NO. 1:17-cv-00350-MOC-DLH MARY MARTIN, ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, Vs. NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY BIANCA HARRIS NAKISHA GARRETT FNU THOMPKINS, Defendants. ORDER THIS MATTER is before the court on defendant North Carolina Department of Public Safety’s (“NCDPS”) Motion to Dismiss. In her Response (#18), plaintiff concedes that Defendant NCDPS is entitled to the relief it seeks. Having considered NCDPS’s motion and reviewed the pleadings, the court enters the following Order. ORDER IT IS, THEREFORE, ORDERED that defendant North Carolina Department of Public Safety’s Motion to Dismiss (#13) is GRANTED, and the claims asserted against such defendant in the Complaint are DISMISSED for the reasons provided in the NCDPS’s Memorandum of Law in Support (#14). Defendant North Carolina Department of Public Safety is TERMINATED as a party defendant to this action. Signed: April 23, 2018 -1-

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