GINN v. NORTH CAROLINA DEPT. OF CORRECTIONS

No. 93-50-CIV-4-BO.

829 F.Supp. 804 (1993)

Russell G. GINN, Plaintiff, v. NORTH CAROLINA DEPARTMENT OF CORRECTIONS; DIVISION OF PRISONS, Defendant.

United States District Court, E.D. North Carolina, New Bern Division.

August 4, 1993.


Attorney(s) appearing for the Case

James B. Stephenson, II, White & Allen, Kinston, NC, for plaintiff.

Valerie L. Bateman, NC Dept. of Justice, Raleigh, NC, for defendant.


ORDER

TERRENCE WILLIAM BOYLE, District Judge.

Defendant North Carolina Department of Corrections removed plaintiff's discrimination claim from the North Carolina Office of Administrative Hearings to this court. Plaintiff has moved to remand on the ground that his claim is not a removable case. For the reasons set out below, the court holds that the instant dispute is not a "civil action brought in a State court" within the meaning of 28 U.S.C. §...

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