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NIETO v. FLATAU

No. 7:08-CV-185-H (2).

715 F.Supp.2d 650 (2010)

Jesse NIETO, Plaintiff, v. Colonel Richard FLATAU, Jr., USMC, in his official capacity as Commanding Officer, Marine Corps Base, Camp Lejeune, North Carolina; and Lieutenant Colonel James Hessen, USMC, in his official capacity as Base Magistrate/Traffic Court Officer, Marine Corps Base, Camp Lejeune, North Carolina, Defendants.

United States District Court, E.D. North Carolina, Southern Division.

March 31, 2010.

Attorney(s) appearing for the Case

Robert J. Muise , Thomas More Law Center, Ann Arbor, MI, Walter Hoyt Paramore, III , Jacksonville, NC, for Plaintiff.

Joshua B. Royster , U.S. Department of Justice, Raleigh, NC, for Defendants.

ORDER

MALCOLM J. HOWARD, Senior District Judge.

This matter is before the court on plaintiff's motion for summary judgment [DE #19] and defendants' motion to dismiss or for summary judgment [DE #20]. Appropriate responses and replies have been filed, and the time for further filings has expired. This matter is ripe for adjudication.

STATEMENT OF THE CASE

Plaintiff filed this action for declaratory and injunctive relief on November...

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