| 2012-07-31 |
44 |
0 |
|
MEMORANDUM OPINION, ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 7/31/2012, ORDERING that Plaintiff's Motion to Compel (Docket Entry 30 ) is DENIED AS UNRIPE but without preju dice to the refiling of said Motion once discovery has commenced. RECOMMENDING that the Motion to Dismiss the Second Amended Complaint by County of Guilford and Sheriff B.J. Barnes (Docket Entry 19 ) be granted in part and denied in part in that the Court should dismiss Plaintiff's claims against Guilford County and Plaintiff's Section 1983 claims against Sheriff Barnes, but allow Plaintiff to pursue claims for wrongful death against Sheriff Barnes based on principles of respondeat superior. The Clerk should promptly set this case for an Initial Pretrial Conference. (Lloyd, Donna) |
2012-08-01 09:35:40 |
cc529637fa598dca0f8e4a8dba119ee50c71fd30 |
| 2012-09-29 |
54 |
0 |
|
ORDER signed by JUDGE N. C. TILLEY, JR., on 9/28/2012 adopting the Magistrate Judge's recommendations (doc. # 44 ) with the exception of that possible interpretation discussed above, the Recommendations are adopted with the observation that the Plaintiff may pursue the state law wrongful death claim against the Sheriff in his official capacity but not his individual capacity. (Lloyd, Donna) |
2012-09-29 11:39:25 |
e233cba50cd65ae5f0bfc6fdf264460abb96695e |