MCCOLLUM et al v. PETERKIN et al
| WADDELL MCCOLLUM and LENA MCCOLLUM |
| HUBERT PETERKIN, TIMOTHY RUGG, SAMUEL MORANT, TIMOTHY KAVANAUGH, STANLEY DAVIS, HOKE COUNTY, JOHN DOE #1, JOHN DOE #2, JOHN DOE #3, JOHN DOE #4 and JOHN DOE #5 |
| 1:2017cv00965 |
| October 23, 2017 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Hoke |
| JOE L. WEBSTER |
| WILLIAM L. OSTEEN |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
17
MEMORANDUM OPINION AND ORDER signed by JUDGE WILLIAM L. OSTEEN, JR. on 7/3/2018. For the reasons set forth herein, Defendants' Motion to Dismiss, (Doc. 9 ), is GRANTED, and this action is DISMISSED WITH PREJUDICE as to Defendants Hubert Pe terkin, Timothy Rugg, Timothy Kavanaugh, and Hoke County. FURTHER ORDERED that this action is DISMISSED WITHOUT PREJUDICE as to Defendants Samuel Morant, Stanley Davis, and John Does #1-5, because Plaintiffs have failed to serve Defendants Morant, Davis, and John Does #1-5 and attempts to serve these Defendants would be futile based on the reasons outlined in this Memorandum Opinion and Order. FURTHER ORDERED that the parties each file a brief addressing the issues outlined above, including, inter alia, the effect, if any, of the dismissal of Plaintiffs' claims upon the motion to join, (Doc. 3 ), and the motion for disclosure, (Doc. 14 ), within twenty (20) days of this Memorandum Opinion and Order. (Daniel, J)
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