Ashby et al v. City of Charlotte et al

Filing 26

ORDER granting 3 Motion to Dismiss for Failure to State a Claim, and Plaintiffs Complaint against Defendant Calvary Church is dismissed with prejudice. Signed by Senior Judge Graham Mullen on 7/23/2015. (Pro se litigant served by US Mail.)(eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:15CV103
SHON ASHBY, et al.,

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Plaintiffs,
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Vs.
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CITY OF CHARLOTTE, et al.,
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Defendants.
)
__________________________)

ORDER

This matter is before the Court upon Defendant Calvary Church’s Motion to Dismiss the pro se
Plaintiffs’ complaint against it pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. A
Roseboro notice was sent to Plaintiffs on May 7, 2015 directing Plaintiffs to file a response to Defendant
Calvary Church’s motion by May 21, 2015. To date, Plaintiffs have failed to file such a response.
It appears to the Court that Plaintiffs have failed to state a claim under 42 U.S.C. § 1983 against
Defendant Calvary Church, as Plaintiffs have failed to allege that any actions taken by this Defendant
were under color of state law. Accordingly,
IT IS THEREFORE ORDERED that Defendant Calvary Church’s Motion to Dismiss is hereby
GRANTED and Plaintiffs’ Complaint against this Defendant is dismissed with prejudice.
Signed: July 23, 2015