Newkirk v. Wade, et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:23-cv-00346-MR-WCM
VERONICA D. NEWKIRK, )
)
Plaintiff, )
)
v. )
)
TROOPER CHRISTOPHER )
COLTON WADE,
in his individual )
and official capacities; ) ORDER
TROOPERS JOHN DOES 1-2
, )
in their individual and official capacities; )
COMMANDER GLENN M. MCNEIL JR.,)
in his individual and official capacity; )
NORTH CAROLINA )
HIGHWAY PATROL; )
SECRETARY EDDIE BUFFALOE, JR., )
in his individual and official capacity; )
NORTH CAROLINA DEPARTMENT )
OF PUBLIC SAFETY; )
DEPUTIES JANE DOES 1-4, )
in their individual and official capacities; )
DETENTION CAPTAIN MICHAEL )
MAUNEY
, in his individual )
and official capacity; )
DETENTION MAJOR RODNEY FITCH, )
in his individual and official capacity; )
SHERIFF ALAN NORMAN, )
in his individual and official capacity; )
and )
LIBERTY MUTUAL INSURANCE )
COMPANY, )
)
Defendants. )
______________________________________ )
This matter is before the Court on the following
pro se filings by Plaintiff:
Case 1:23-cv-00346-MR-WCM Document 45 Filed 05/03/24 Page 1 of 4

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1. “Motion to Strike Plaintiff’s Opposition to Motion to Dismiss by
Defendant Eddie Buffaloe Jr. Filed on April 23, 2024” (the “First
Motion to Strike,” Doc. 41).
2. “Motion to Strike Plaintiff’s Opposition to Motion to Dismiss by
Defendants, North Carolina Department of Public Safety and North
Carolina State Highway Patrol Filed on April 23, 2024” (the “Second
Motion to Strike,” Doc. 43).
Through these Motions, Plaintiff requests that the Court strike
Plaintiff’s previously filed responses to Motions to Dismiss that have been filed
by Defendants, see Docs. 34, 35, and accept her revised responses in opposition
to those Motions to Dismiss, Docs. 42, 44.
Neither Motion to Strike includes Plaintiff’s original signature, see Doc.
40 (advising Plaintiff of this requirement), nor provides information regarding
Defendants’ position with respect to Plaintiff’s requests. See Local Civil Rule
7.1(b). Plaintiff is advised that her future filings should comply with the
Federal Rules of Civil Procedure, this Court’s Local Rules, and any Orders
entered in this matter.
Nonetheless, in light of Plaintiff’s
pro se status, and in order to ensure
that this matter proceeds in an orderly manner, the Court, in its discretion,
will grant the First and Second Motions to Strike in part.
Case 1:23-cv-00346-MR-WCM Document 45 Filed 05/03/24 Page 2 of 4

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IT IS HEREBY ORDERED THAT:
1. The First Motion to Strike (Doc. 41) is GRANTED IN PART AND
DENIED IN PART as follows:
a. To the extent this Motion requests that the Court accept
Plaintiff’s filing (Doc. 42), it is GRANTED. The Court will
construe said filing as being a supplemental response in
opposition to the Motion to Dismiss filed by Defendant Eddie
Buffaloe Jr.
b. To the extent this Motion requests that the Court strike
Plaintiff’s previous filing, it is DENIED.
2. The Second Motion to Strike (Doc. 43) is GRANTED IN PART AND
DENIED IN PART as follows:
a. To the extent this Motion requests that the Court accept
Plaintiff’s filing (Doc. 44), it is GRANTED. The Court will
construe said filing as being a supplemental response in
opposition to the Motion to Dismiss filed by filed by Defendants
North Carolina Department of Public Safety and North
Carolina State Highway Patrol.
b. To the extent this Motion requests that the Court strike
Plaintiff’s previous filing, it is DENIED.
Case 1:23-cv-00346-MR-WCM Document 45 Filed 05/03/24 Page 3 of 4

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3. Defendants are GIVEN LEAVE to file replies, if any, to Plaintiff’s
supplemental responses, provided that any such replies shall be filed
on or before May 10, 2024.
Signed: May 2, 2024
Case 1:23-cv-00346-MR-WCM Document 45 Filed 05/03/24 Page 4 of 4