EVERETT v. NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE- NAACP et al
| JOHN EVERETT |
| NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE- NAACP and EL PUEBLO, INCORPORATED |
| 1:2010cv00828 |
| November 5, 2010 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Durham |
| Other Civil Rights |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
18
ORDER signed by JUDGE CATHERINE C. EAGLES on 09/12/2011. The Court adopts the Magistrate Judge's Recommendation, with one exception. In particular, the Court declines to adopt the recommendation that the entire Complaint in this case("feder al court complaint") be dismissed on the grounds of res judicata. (See Doc. 14 at 5, 7.) The Court has reviewed the earlier Complaint in Everett v. National Association for the Advancement of Colored People, No. 09-CVS-01611 (Sup. Ct. Durham Co unty Jan. 21, 2009) ("state court complaint"), which was dismissed for failure to state a claim upon which relief can be granted. (Doc. 17 at 12). The Court concurs in the Recommendation that the doctrine of res judicata bars the claims t hat Plaintiff attempts to assert in paragraphs 1-4, 8-17, and 19 of the federal court complaint.2 IT IS THEREFORE ORDERED that Defendants' Motion to Dismiss (Doc. 5 ) is GRANTED on the grounds of res judicata as to all aspects of the Complaint, except Paragraphs 5-7 and 18, and in its entirety for failure to state a claim upon which relief may be granted under Rule 12(b)(6). A judgment dismissing this action will be entered contemporaneously with this Order. (Taylor, Abby)
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Filing
14
MEMORANDUM OPINION AND RECOMMENDATION - MAGISTRATE JUDGE signed by MAG/JUDGE WALLACE W. DIXON on 03/14/2011. For the foregoing reasons as stated herein, IT IS RECOMMENDED that the court dismiss this action with prejudice on the grounds of res judicat a. Moreover, IT IS FURTHER RECOMMENDED THAT PLAINTIFF JOHN H. EVERETT BE ENJOINED from filing any lawsuits, motions, or additional papers unless he first seeks and obtains leave from a United States District Court of competent jurisdiction, as specified above. To the extent that the court issues a sua sponte dismissal based on res judicata principles, Defendants' pending motion to dismiss under Rule 12(b)(6) (docket no. 5 ) will be rendered moot.(Taylor, Abby)
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