PIERCE EL-BEY v. CITY OF THOMASVILLE
| TORNELLO FONTAINE PIERCE EL-BEY |
| NC DIVISION OF MOTOR VEHICLE, MICHAEL/MIKE ROBERTSON, CITY OF THOMASVILLE POLICE DEPT, CITY OF THOMASVILLE, WAYNE L. MICHAEL, MARLENE HAMMOND and C.S. LEONARD |
| 1:2011cv00413 |
| May 24, 2011 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Guilford |
| UNASSIGNED |
| WALLACE W. DIXON |
| Constitutionality of State Statutes |
| 28 U.S.C. ยง 2201 |
| Plaintiff |
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Filing
79
ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 9/30/2013; that the Magistrate Judge's Recommendation (Doc. 56 ) is ADOPTED. FURTHER that the Motion to Dismiss filed by Defendants NC Division of Motor Vehicle and Mike Roberts on (Doc. 9 ) is GRANTED, that the Motion to Dismiss filed by Defendants Marlene Hammond and Wayne L. Michael (Doc. 17 ) is GRANTED, and that the Motion to Dismiss filed by Defendants City of Thomasville, the City of Thomasville Police Department, and C.S. Leonard (Doc. 24 ) is GRANTED with the sole exception that additional briefing is allowed as to Plaintiff's claim of a Fourth Amendment violation based upon Defendant Leonard's search of Plaintiff's vehicle. FURTHER that Plaintiff's Motion for Summary Judgment (Doc. 37 ) and Plaintiff's Motion for Judgment on the Pleadings (Doc. 39 ) are DENIED. (Sheets, Jamie)
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Filing
56
MEMORANDUM OPINION, ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOI ELIZABETH PEAKE on 3/30/2012, RECOMMENDING that the Motion to Dismiss filed by Defendants North Carolina DMV and Mike Robertson [Doc. # 9 ] be GRAN TED; that the Motion to Dismiss filed by Defendants Hammond and Michael [Doc. # 17 ] be GRANTED; and that the Motion to Dismiss filed by Defendants City of Thomasville, the Thomasville Police Department, and C.S. Leonard [Doc. # 24 ], be GRANTED with the sole exception that additional briefing should be allowed as to Plaintiff's claim of a Fourth Amendment violation based upon Defendant Leonard's search of Plaintiff's vehicle. ORDERING that within twenty-one (21) days of the date of this Order, Defendants City of Thomasville and C.S. Leonard file a supplemental brief with respect to Plaintiff's claim of a Fourth Amendment violation based upon Defendant Leonard's search of Plaintiff's vehicle, with any Response by Plaintiff filed within twenty-one (21) days thereafter. When the briefing is completed, this matter should be referred to the undersigned for further consideration of the Motion to Dismiss as to this claim. FURTHER RECOMMENDING that Plaintiff 9;s Motion for Summary Judgment [Doc. # 37 ] and Plaintiff's Motion for Judgment on the Pleadings [Doc. # 39 ] be DENIED. ORDERING that the remaining motions [Doc. # 13 , # 14 , # 19 , # 22 , # 23 , # 29 , # 30 , # 31 , # 33 , # 34 , # 35 , # 42 , # 44 , # 45 , # 49 , # 50 , # 53 ] are DENIED. (Lloyd, Donna)
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