North Carolina Ex Rel. Kasler v. Howard

MEMORANDUM AND ORDER

VOORHEES, District Judge.

THIS MATTER is before the Court on Respondent’s Motion to Dismiss and, in the alternative, Motion for Judgment on the Pleadings, and Brief in Support, all filed February 27, 2003. On March 25, 2003, Petitioners filed their “Opposition to Respondents [sic] Motion to Dismiss and Motion for Judgment on the Pleadings.” Respondent did not file a Reply, and these Motions are now ripe for disposition.

Having carefully considered the parties’ arguments and the applicable authority, the undersigned grants Respondent’s Motion to Dismiss.

I. FACTUAL AND…