Noble v. North Carolina Department of Public Safety

MOTION to Dismiss for Lack of Jurisdiction , and failure to state a claim

M.D.N.C.May 1, 2017

1 UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA No. 1:16-cv-1415 RONALD L. NOBLE, Plaintiff, v. NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, Defendant. ) ) ) ) ) ) ) ) ) ) ) MOTION TO DISMISS BY DEFENDANT N.C. Gen. Stat. § 1-52(5) Fed. R. Civ. P. 12 Local Civil Rules 7.1, 7.2, 7.3 NOW COMES North Carolina Department of Public Safety (“Defendant”), by and through counsel, to hereby move to dismiss Plaintiff’s Complaint pursuant to Fed. R. Civ. P. 12(b)(1), Fed. R. Civ. P. 12(b)(6), N.C. Gen. Stat. § 1-52(5). Plaintiff’s claim is barred by the three-year statute of limitation. Plaintiff’s Complaint also fails to adequately allege any deprivation of his constitutional rights and therefore fails to adequately state a claim against Defendant. Further, Plaintiff cannot maintain a claim against Defendant as a state agency. Defendant is entitled to the protection of Eleventh Amendment and sovereign immunities. Accordingly, Plaintiff’s claims against Defendant should be dismissed. Defendant’s arguments are more fully set forth in its Memorandum in Support filed contemporaneously with this Motion. Case 1:16-cv-01415-TDS-JLW Document 11 Filed 05/01/17 Page 1 of 2 2 This the 1st day of May, 2017. JOSH STEIN Attorney General /s/Vanessa N. Totten Vanessa N. Totten Assistant Attorney General Attorney for Defendants N.C. State Bar No. 27905 N.C. Department of Justice Public Safety Section Post Office Box 629 Raleigh, North Carolina 27602-0629 Telephone: (919) 716-6500 Fax: (919) 716-6761 E-mail: vtotten@ncdoj.gov CERTIFICATE OF SERVICE I hereby certify that on this day, I electronically filed the attached MOTION TO DISMISS BY DEFENDANT with the Clerk of the Court using the CM/ECF system the CM/ECF system, and that a copy was deposited with the U.S. Postal Service, postage prepaid, addressed to the following non-CM-ECF participants as follows: Ronald L. Noble P.O. Box 1232 Winston-Salem, NC 27105 Pro se This the 1st day of May, 2017. /s/Vanessa N. Totten Vanessa N. Totten Assistant Attorney General Case 1:16-cv-01415-TDS-JLW Document 11 Filed 05/01/17 Page 2 of 2