Pitts et al v. O'Geary et al
| Alan Pitts, Seneca Nicholson-Pitts, Deryl Von Williams and Charles Douglas |
| James D. O'Geary, Ray Griffin, Vance County Board of Elections, James Kearney, State of North Carolina, D. Micheal Rainy, Micheal C. Inscoe, City of Henderson, Gary O. Bartlett, John H. Zollicoffer, Jr., North Carolina General Assembly, North Carolina Board of Elections, Faye Gill, Garry Daeke, Frank Frazier, Sara M. Coffery, Brenda G. Peace-Jenkins, Lonnie Davis, Jr. and George M. Daye |
| 5:2013cv00116 |
| February 15, 2013 |
| US District Court for the Eastern District of North Carolina |
| Western Division Office |
| VANCE |
| James C. Dever |
| Voting |
| 28 U.S.C. ยง 1331 |
| None |
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| Document Text |
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Filing
48
JUDGMENT: IT IS ORDERED AND ADJUDGED that the Court DISMISSES the Complaint without prejudice pursuant to Rules 12(b)(4) and 12(b)(5). The Court GRANTS the State defendants' motion to dismiss the State of North Carolina under the Eleventh Amend ment. The court lacks jurisdiction over the State of North Carolina, and the State of North Carolina is DISMISSED as a defendant. The Court DECLINES to address the State defendants' argument under Rule12(b)(6) concerning the North Carolina Gener al Assembly. If plaintiffs refile and properly serve the North Carolina General Assembly, the Court will request that a three-judge court be convened to address any motion under Rule 12(b)(6). Signed by Debby Sawyer, Deputy Clerk for Julie A. Richards, Clerk of Court on 1/21/2014. A copy of the judgment was mailed to the pro se plaintiffs. (Sawyer, D.)
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Filing
14
ORDER: Plaintiffs' 3 Motion to Certify a three-judge panel is DENIED WITHOUT PREJUDICE. Plaintiffs' 11 and 12 Motions to extend the time to respond to defendants' motion to dismiss are GRANTED. Plaintiffs Alan Pitts and Charles Douglas are DIRECTED to provide the clerk with their current addresses. The clerk is DIRECTED to reissue the summonses and to mail the court-issued summonses to each of the four plaintiffs at the plaintiffs' most recent addresses. Plaintiffs shall effect service of process in accordance with the Federal Rules of Civil Procedure. Signed by Chief Judge James C. Dever III on 8/7/2013. A copy of the order was mailed to the pro se plaintiffs. (Sawyer, D.)
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