Alexander v. Kershaw County Probate Court

Filing 9

ORDER granting 5 Motion to Dismiss. This action is dismissed without prejudice. Signed by Honorable Joseph F Anderson, Jr on 3/17/2014.(abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Diane B. Alexander,
Plaintiff,
v.

Kershaw County Probate Court,
Defendant.

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C.A. No. 3:14-cv-00373-JFA-PJG

ORDER OF DISMISSAL
WITHOUT PREJUDICE

The parties agree that Plaintiff’s claims against Defendant must be dismissed for the reasons
stated in Defendant’s Memorandum in Support of Motion to Dismiss (ECF No. 5-1), namely:
Defendant is an arm of the State of South Carolina and the Supreme Court’s decisions in Kimel v.
Fla. Bd. of Regents, 528 U.S. 62 (2000); Bd. of Trustees of Univ. of Ala. v. Garrett, 531 U.S. 356
(2001); and Coleman v. Court of Appeals of Md., ___ U.S. ___, 132 S. Ct. 1327 (2012), bar the
assertion of the claims alleged against an arm of the state. Accordingly, with the consent of the
parties, Defendant’s Motion to Dismiss (ECF No. 5) is granted, and this action is dismissed without
prejudice.
IT IS SO ORDERED.

March 17, 2014
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge