JONES v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION et al
| MICHAEL FORREST JONES |
| NORTH CAROLINA DEPARTMENT OF TRANSPORTATION and GOODWILL INDUSTRIES OF NORTHWEST NORTH CAROLINA, INC. |
| 1:2009cv01009 |
| December 30, 2009 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Forsyth |
| L. PATRICK AULD |
| UNASSIGNED |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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Filing
28
MEMORANDUM OPINION, ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 9/28/12, Recommending that NCDOT's Motion to Dismiss (Docket Entry 12 ) be granted in part, in that all claims against NCDOT should be dismissed under the Eleventh Amendment and in that Claims One and Two should be dismissed with prejudice for failure to state a claim, such that Claims Three, Four, and Five should be dismissed without prejudice pursuant to the Court's exercise of its discretion under 28 U.S.C. § 1367(c)(3); Recommending that Goodwill's Motion to Dismiss (Docket Entry 15 ) be denied as moot because, as a result of the disposition of NCDOT's Motion to Dismiss, no federal claim surv ives and Claim Four (the only claim against Goodwill) should be dismissed without prejudice pursuant to the exercise of the Court's discretion under 28 U.S.C. § 1367(c)(3); Ordering that Plaintiff's Motion to Reissue Summons is DENIED AS MOOT. (Law, Trina)
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Filing
11
MEMORANDUM OPINION AND ORDER signed by MAG/JUDGE L. PATRICK AULD on 11/2/10, that Plaintiff's Application for Leave to Proceed In Forma Pauperis (Docket Entry 1 ) is DENIED and, to the extent it seeks relief in this Court, Plaintiff's Motion to Expedite (Docket Entry 4 ) is DENIED AS MOOT. (Law, Trina)
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