Legal Opinion

Calvin Norton v. City of Whiteville

Court of Appeals for the Fourth Circuit

Decided August 31, 2017No. 17-1011Unpublished

1Opinion of the Court

Unpublished opinions are not binding precedent in this circuit.

2Per curiam

Calvin Tyrone Norton appeals the district court’s order granting Defendants’ motions to dismiss and dismissing his 42 U.S.C. § 1983 (2012) action. Defendants’ motions to dismiss were properly construed as motions for judgment on the pleadings. See Burbach Broad. Co. of Del. v. Elkins Radio Corp., 278 F.3d 401, 405 (4th Cir. 2002). Thus, we review the district court’s ruling on those motions de novo, applying the same standard used in evaluating a motion under Fed. R. Civ. P. 12(b)(6). Belmora LLC v. Bayer Consumer Care AG, 819…

3Cases cited12 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Philips v. Pitt County Memorial HospitalCourt of Appeals for the Fourth Circuit · 2009
  3. Samuel Jackson v. Joseph LightseyCourt of Appeals for the Fourth Circuit · 2014
  4. Wahi v. Charleston Area Medical Center, Inc.Court of Appeals for the Fourth Circuit · 2009
  5. Kathleen A. Shanaghan v. John D. Cahill Cahill & Associates, IncorporatedCourt of Appeals for the Fourth Circuit · 1995

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