Phipps v. Grady et al
| Virginius R. Phipps |
| Benjamin L. Grady, Stratton F. Stokes, C. L. Johnson, Blake Wallace, The Duplin County North Carolina Sheriff's Office, Duplin County, North Carolina and Dale Faircloth |
| 7:2015cv00103 |
| May 14, 2015 |
| US District Court for the Eastern District of North Carolina |
| Southern Division Office |
| DUPLIN |
| James C. Fox |
| Other Civil Rights |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
49
JUDGMENT in favor of Duplin County, North Carolina, The Duplin County North Carolina Sheriff's Office, Benjamin L. Grady, Blake Wallace, C. L. Johnson, Dale Faircloth, Stratton F. Stokes against Virginius R. Phipps. Signed by Julie Richards Johnston, Clerk of Court on 10/25/2016. Copy sent to Virginius R. Phipps, 812 Warren Road, Faison, NC 28341 via US Mail. (Edwards, S.)
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Filing
40
ORDER granting 27 Motion to Dismiss for Failure to State a Claim. Plaintiffs claims against Defendants Duplin County Sheriffs Office, Duplin County, andJohnson are DISMISSED. Plaintiff is ORDERED to show cause within fourteen (14) days of the fili ng date of this order why Defendants Stokes and Wallace were not timely served in this matter. Failure to show cause within the time allotted will result in dismissal of Defendants Stokes and Wallace withoutprejudice. Signed by Senior Judge James C. Fox on 8/31/2016. Copy sent to Virginius R. Phipps, 812 Warren Road, Faison, NC 28341 via US Mail. (Edwards, S.)
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Filing
36
ORDER granting 31 Motion to Stay Discovery pending the court's ruling on the Defendants' motion to dismiss. Within 14 days following the court's ruling on the motion to dismiss the parties shall conduct the Rule 26(f) conference and file a proposed discovery plan within 7 days thereof. Signed by Magistrate Judge Robert B. Jones, Jr. on 2/23/2016. Copy sent to Virginius R. Phipps, 812 Warren Road, Faison, NC 28341 via US Mail on 2/23/2016. (Grady, B.)
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Filing
7
ORDER declining to adopt the 3 Memorandum and Recommendations. All claimsagainst Defendant Faircloth are DISMISSED. As to all other defendants, this action may proceed with regard to Plaintiff's § 1983 claim arising from the April 30, 20 11 incident, while any claims arising from the December 14, 2009 incident are DISMISSED. As to Phipps's malicious prosecution claim against Defendant Grady, this action may proceed under the court's supplemental jurisdiction, to the extent that it arises from the April 30, 2011 incident. The Clerk of Court is DIRECTED to issue the summonses prepared by Plaintiff. The United States Marshal is DIRECTED to serve the summonses and a copy of the complaint on Defendants. Signed by Senior Judge James C. Fox on 12/8/2015. (copy sent to Virginius R. Phipps, 812 Warren Road, Faison, NC 28341 via US Mail) (Edwards, S.)
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