Blanton v. Duncan

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:25-cv-00234-MR-WCM
JODI BLANTON, )
)
Plaintiff, )
)
vs . ) O R D E R
)
CARL DUNCAN, in his individual )
capacity, )
)
Defendant. )
________________________________ )
THIS MATTER is before the Court on the Defendant’s Motion to
Dismiss in Part [Doc. 7] and the Magistrate Judge’s Memorandum and
Recommendation [Doc. 10] regarding the disposition of the Motion to
Dismiss.
Pursuant to 28 U.S.C. § 636(b) and the standing Orders of Designation
of this Court, the Honorable W. Carleton Metcalf, United States Magistrate
Judge, was designated to consider the above-referenced motion and to
submit a recommendation for its disposition.
On February 12, 2026, the Magistrate Judge issued a Memorandum
and Recommendation, recommending that the Motion to Dismiss be granted
in part and denied in part. [Doc. 10 at 17]. The parties were advised that
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any objections to the Magistrate Judge’s Memorandum and
Recommendation were to be filed in writing within fourteen (14) days of
service. [Id. at 19]. The period within which to file objections has now
expired, and no written objections to the Memorandum and
Recommendation have been filed.
After a careful review of the Memorandum and Recommendation, the
Court concludes that the Magistrate Judge’s proposed conclusions of law
are correct and consistent with current case law. Accordingly, the Court
accepts the Magistrate Judge’s recommendation that the Motion to Dismiss
be granted in part and denied in part.
IT IS, THEREFORE, ORDERED that the Memorandum and
Recommendation [Doc. 10] is ACCEPTED. The Motion to Dismiss in Part
[Doc. 7] is GRANTED IN PART, and Count II of the Plaintiff’s Complaint is
hereby DISMISSED WITH PREJUDICE. The Motion to Dismiss in Part [Doc.
7] is otherwise DENIED.
IT IS SO ORDERED. Signed: March 9, 2026
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