Griffin v. Mortier et al

Filing 31

ORDER that the Plaintiff's 22 Objections to the Memorandum and Recommendation are overruled; the 21 Memorandum and Recommendations is accepted; the 4 , 5 Motions to Dismiss are granted and Plaintiff's claims against the Defendants Van Duncan, Glen Matayabas, Scott Allen, the Buncombe County Sheriff's Department, and Buncombe County are hereby DISMISSED. Signed by District Judge Martin Reidinger on 11/19/2018. (kby)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:18-cv-00098-MR-WCM

JOSHUA T. GRIFFIN,

)
)
Plaintiff,
)
)
vs.
)
)
SHANNON MORTIER, in her official )
and individual capacities, VAN
)
DUNCAN, in his official and
)
individual capacities, GLEN
)
MATAYABAS, in his official and
)
individual capacities, SCOTT
)
ALLEN , in his official and individual )
capacities, BUNCOMBE COUNTY
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SHERIFF’S DEPARTMENT,
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BUNCOMBE COUNTY, JOHN DOE,
)
in his official and individual
)
capacities, and OTHER UNKNOWN )
DEFENDANTS,
)
)
Defendants.
)
_______________________________ )

ORDER

THIS MATTER is before the Court on the Motions to Dismiss filed by
Defendants Van Duncan, Glen Matayabas, Scott Allen, the Buncombe
County Sheriff’s Department, and Buncombe County [Docs. 4, 5]; the
Magistrate Judge’s Memorandum and Recommendation [Doc. 21] regarding

the disposition of those motions; and the Plaintiff’s Objections to the
Memorandum and Recommendation [Doc. 22].
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 Defendants’ motions and to submit a
recommendation for their disposition.
On August 14, 2018, the Magistrate Judge filed a Memorandum and
Recommendation in this case containing conclusions of law in support of a
recommendation regarding the motions to dismiss. [Doc. 21]. 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 Plaintiff timely filed Objections on August 28, 2018. [Doc. 22].
After careful consideration of the Memorandum and Recommendation
and the Plaintiff’s Objections thereto, the Court finds that the Magistrate
Judge’s proposed conclusions of law are correct and consistent with current
case law. Accordingly, the Court hereby overrules the Plaintiff’s Objections
and accepts the Magistrate Judge’s recommendation that the motions to
dismiss should be granted.
IT IS, THEREFORE, ORDERED that the Plaintiff’s Objections to the
Memorandum and Recommendation [Doc. 22] are OVERRULED; the
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Memorandum and Recommendation [Doc. 21] is ACCEPTED; the Motions
to Dismiss filed by Defendants Van Duncan, Glen Matayabas, Scott Allen,
the Buncombe County Sheriff’s Department, and Buncombe County [Docs.
4, 5] are GRANTED; and the Plaintiff’s claims against the Defendants Van
Duncan, Glen Matayabas, Scott Allen, the Buncombe County Sheriff’s
Department, and Buncombe County are hereby DISMISSED.
IT IS SO ORDERED.
Signed: November 19, 2018

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