Harris v. Charlotte Mecklenburg Schools et al

Filing 21

ORDER for Supplemental Briefing. Briefs due by noon on Friday, 11/3/2012. Signed by District Judge Frank D. Whitney on 10/19/2012. (Pro se litigant served by US Mail.)(tmg)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:11-cv-00516-FDW-DSC
TERRY A. HARRIS,
Plaintiff,
vs.
CHARLOTTE-MECKLENBURG
SCHOOLS,
and
CHARLOTTE-MECKLENBURG
SCHOOLS POLICE DEPARTMENT,
Defendants.

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ORDER

THIS MATTER is before the Court sua sponte on the pending motion for lack of subjectmatter jurisdiction before the Court. After thorough review of the parties pleadings, it appears that
some of the dates used by the parties1 and this Court (see Order 2, Doc. No. 7) are incorrect. There
may have been as many as thirteen months between dismissal of charges and the lifting of the ban,
not less than one month as previously indicated in the pleadings.2
1

The dates given in Plaintiff’s complaint (Compl. 3, Doc. No. 1) and subsequently used by Defendants in their
first motion to dismiss (Mem. Mot. Dismiss 2, Doc. No. 7-1) appear to reference the wrong year.
2

The Court believes the following dates may be correct:

DATE

Event

September 25, 2010:

October 18, 2010 (est):

Plaintiff arrested and charged with two sex crimes in Mecklenburg County. (See
Resp. Mot. Dismiss 4, Doc. No. 9; Attach. 7, Doc. No. 9-1).
CM S issued letter informing Mr. Harris of ban. (Resp. Mot. Dismiss Attach. 7,
Doc. No. 9-1).
Prosecution declined to indict Mr. Harris. (Sur Reply Ex. 1, Doc. No. 11-1)

November 15, 2011:

CMS voluntarily lifted ban on M r. Harris. (Resp. Mot. Dismiss 4, Doc. No. 9)

September 27, 2010

The Court hereby ORDERS the parties to submit supplemental pleadings addressing the
follow issues:
1) are the dates previously used incorrect and, if so, are the dates the Court sets forth in
footnote 2 accurate; and,
2) if the dates set forth in footnote 2 are accurate, on what basis did Defendant Charlotte
Mecklenburg Schools (“CMS”) ban the Plaintiff (“Mr. Harris”) from the school bus stop for
approximately thirteen (13) months after the charges against Plaintiff were dismissed.
THEREFORE, the parties shall file briefs no longer than 1,000 words by noon on Friday,
November 3, 2012 along with any supporting evidence attached thereto.
IT IS SO ORDERED.
Signed: October 19, 2012