Patterson v. Western Carolina University et al

Filing 29

ORDER granting 13 Motion to Dismiss in Part and the Plaintiff's causes of action contained within (1) Count One for violations of Title VII, (2) Count Three for violations of the First Amendment, and (3) Count Four for a claim pursuant to N.C. Gen. Stat. §126-84 are hereby DISMISSED with prejudice. Signed by District Judge Martin Reidinger on 1/14/13. (nll)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
CIVIL CASE NO. 2:12cv03
DR. JOHN E. PATTERSON,

)
)
Plaintiff,
)
)
vs.
)
)
WESTERN CAROLINA UNIVERSITY )
and
)
UNIVERSITY OF NORTH CAROLINA, )
)
Defendants.
)
______________________________ __)

ORDER

THIS MATTER is before the Court on the Defendants’ Motion to
Dismiss in Part [Doc. 13].
Pursuant to 28 U.S.C. § 636(b) and the Standing Orders of
Designation of this Court, United States Magistrate Judge Dennis L. Howell
was designated to consider this motion and to submit recommendations for
its disposition.
On November 26, 2012, the Magistrate Judge filed a Memorandum
and Recommendation in which he recommended granting the Motion to
Dismiss. [Doc. 22]. The parties were advised that any objections to the

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Magistrate Judge’s conclusions and recommendations were to be filed in
writing within fourteen days of service of the Memorandum and
Recommendation and that failure to file objections thereto would preclude
the parties from raising any objection on appeal. [Id., at 9]. The period
within which to file objections expired on December 13, 2012 and no
objections to the Memorandum and Recommendation have been filed.
Having conducted a careful review, the Court concludes that the
Magistrate Judge’s recommendation is supported by the facts of record and
the law. Accordingly, the Court hereby accepts the Magistrate Judge’s
Recommendation and grants the Defendants’ Motion to Dismiss in Part.
ORDER
IT IS, THEREFORE, ORDERED that the Defendants’ Motion to
Dismiss in Part is hereby GRANTED and the Plaintiff’s causes of action
contained within (1) Count One for violations of Title VII, (2) Count Three
for violations of the First Amendment, and (3) Count Four for a claim
pursuant to N.C. Gen. Stat. §126-84 are hereby DISMISSED with
prejudice.
Signed: January 14, 2013

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