PINNIX v. DURHAM COUNTY GOVERNMENT
| SEAN E. PINNIX |
| DURHAM COUNTY GOVERNMENT, JOYCE LOGAN, ROBIE MCLAMB, KIMBERLY SIMPSON, ELAINE HYMAN, JIM ULLMAN and CHAELA GARLAND-DOWNEY |
| 1:2011cv00668 |
| August 23, 2011 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Durham |
| UNASSIGNED |
| WALLACE W. DIXON |
| Americans with Disabilities - Employment |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
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MEMORANDUM OPINION AND ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 01/29/2013, that for the reasons set forth herein, IT IS ORDERED thatDefendant's Second Motion to Dismiss (Doc. 23 ) is DENIED.(Taylor, Abby)
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Filing
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ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 01/08/2013, that the Magistrate Judge's Recommendation (Doc. 17 ) is ADOPTED. FURTHER that the motion to dismiss (Doc. 13 ) filed by Defendants Durham County Government, Joyc e Logan, Robie McLamb, Kimberly Simpson, Elaine Hyman, and Chaela Garland-Downey is GRANTED IN PART, that all claims against the individual Defendants are DISMISSED pursuant to Rule 12(b)(6), and that the motion to dismiss as to Defendant Durham County Government is DENIED WITHOUT PREJUDICE to refiling. FURTHER that all claims against Defendant Jim Ullman are DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B). (Taylor, Abby)
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Filing
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ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOI ELIZABETH PEAKE on 09/28/2012. IT IS THEREFORE RECOMMENDED that Defendants' Motion to Dismiss [Doc. # 13 ] be GRANTED IN PART, and that all claims against Defendants Chaela Garland-Downey, Elaine Hyman, Joyce Logan, Robie McLamb, and Kimberly Simpson be dismissed pursuant to Rule 12(b)(6). FURTHER RECOMMENDED that all claims against Defendant Ullman be dismissed pursuant to 28 U.S.C. & #167; 1915(e)(2)(B). IT IS ORDERED that the time for service as to Defendant County of Durham is extended pursuant to Federal Rule of Civil Procedure 4(m) for thirty (30) days from the date of this Order. IT IS THEREFORE RECOMMENDED that the Motion to Dismiss [Doc. # 13 ] be DENIED as to Defendant County of Durham, without prejudice to refiling as set out herein. (Taylor, Abby)
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