SPENCER v. BYRD

No. 3:93CV647.

899 F.Supp. 1439 (1995)

Terry Lynn SPENCER, Plaintiff, v. Hubert Wayne BYRD, Sr., Sheriff of Hoke County, Michael B. Wood, Individually and as Chief Deputy Sheriff of Hoke County, and Hoke County, State of North Carolina, Defendants.

United States District Court, M.D. North Carolina, Rockingham Division.

July 13, 1995.


Attorney(s) appearing for the Case

Brian Kevin Manning, Steven James O'Connor, Fayetteville, NC, for plaintiff.

James R. Morgan, Jr., Allan R. Gitter, Winston-Salem, NC, Garris Neil Yarborough, Fayetteville, NC, for defendant.


MEMORANDUM OPINION

TILLEY, District Judge.

This case comes before this Court on the Magistrate Judge's recommendation on the Defendant's motion to dismiss. The Court's examination of the record indicates that the Defendant Hoke County has not had the benefit of a ruling on its motion to dismiss. Accordingly, the Court in its de novo review of the motion for summary judgment has considered the issues raised in the Defendant Hoke County's motion to dismiss...

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