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LEWIS v. WEST VIRGINIA SUPREME COURT OF APPEALS

Civil Action No. 2:13-cv-13110.

983 F.Supp.2d 768 (2013)

Quincy Gray McMichael LEWIS, Plaintiff, v. WEST VIRGINIA SUPREME COURT OF APPEALS, Defendant.

United States District Court, S.D. West Virginia, Charleston Division.

October 21, 2013.

Attorney(s) appearing for the Case

R. Brandon Johnson, Stroebel & Johnson, Lewisburg, WV, Randy Burton, Burleson, Houston, TX, Wendy J. Murphy, New England Law Boston, Boston, MA, for Plaintiff.

Joseph V. Schaeffer, Neva G. Lusk, Spilman Thomas & Battle, Charleston, WV, for Defendant.

MEMORANDUM OPINION & ORDER

JOSEPH R. GOODWIN, District Judge.

Pending before the court is Defendant's Motion to Dismiss [Docket 7]. The plaintiff has responded, and the motion is ripe. For the reasons stated below, the motion is GRANTED. Further, the plaintiff's counsel is ORDERED to show cause why Federal Rule of Civil Procedure 11(b) has not been violated.

I. Background

This case arises out of a decision...

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