Kenyon et al v. Branch et al
Filing
18
ORDER granting 12 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)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
DOCKET NO. 1:17-cv-00351-MOC-DLH
TAMMY MCABEE
CHERYL CELESTE KENYON,
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Plaintiffs,
Vs.
FNU JACKSON
NORTH CAROLINA DEPARTMENT OF
PUBLIC SAFETY
JIMMY LEE BRANCH
TABITHA BATES,
Defendants.
ORDER
THIS MATTER is before the court on defendant North Carolina Department of Public
Safety’s (“NCDPS”) Motion to Dismiss.
In their Response (#17), plaintiffs concede 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 (#12) 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 (#13). Defendant North Carolina Department of Public Safety is TERMINATED as a
party defendant to this action.
Signed: April 23, 2018
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