Opinion

Simmons v. Northampton County Board of Education

Court
District Court, E.D. North Carolina
Filed
Apr 21, 2022
Cited by
0 cases

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

NORTHERN DIVISION

Case No. 2:21-cv-00050-M

KHRISTA SIMMONS, )

)

Plaintiff, )

)

v. ) ORDER

)

NORTHAMPTON COUNTY BOARD )

OF EDUCATION; and )

PAMELA CHAMBLEE, )

Superintendent of Northampton County )

Schools, in her individual capacity; )

)

Defendants. )

This matter comes before the court on Defendant Pamela Chamblee’s Motion to Dismiss

[DE 13] under Federal Rule of Civil Procedure 12(b)(6) and Plaintiff's Notice of Dismissal Without

Prejudice of All Claims against Dr. Pamela Chamblee [DE 17] under Federal Rule of Civil Procedure

41(a)(1)(A)(i). Under Rule 41(a)(1)(A)(i), an action may be voluntarily dismissed by a plaintiff

without order of the court at any time before service by the adverse party of an answer or a motion

for summary judgment. Although Defendant Chamblee moved to dismiss under Rule 12(b)(6) before

Plaintiff's notice of voluntary dismissal, she had not filed an answer. Nor is there any basis for

converting Defendant Chamblee’s motion to dismiss into a motion for summary judgment. Plaintiffs

self-executing notice dismissed her claims against Defendant Chamblee without prejudice, so

Defendant Chamblee’s motion to dismiss [DE 13] is DENIED AS MOOT. See Novosel v. White,

No. 1:19CV365, 2019 WL 6682912, at *2-3 (M.D.N.C. Dec. 6, 2019).

aA

SO ORDERED this “2 " day of April, 2022.

Kdool EN yae2

RICHARD E. MYERS II

CHIEF UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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