Johnson v. Baker

 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:20-CV-4-D RICHARD L. JOHNSON, ) Plaintiff, v. ORDER GERALD BAKER, Sheriff of Wake County, in his official capacity, ) Defendant. On June 15, 2021, Gerald Baker (“Baker” or “defendant”) moved for summary judgment [D.E. 42], filed a memorandum in support [D.E. 43], a statement.of material facts [D.E. 44], and various other documents in support [D.E. 45-58]. On July 27, 2021, Richard L. Johnson (“Johnson” or “plaintiff’) responded in opposition [D.E. 60-64]. On August 17, 2021, Baker, replied. See [D.E. 69-76]. The court has reviewed Baker’s motion for summary judgment under the governing standard. See Fed. R. Civ. P. 56; see also Scott v. Harris, 550 U.S. 372, 378 (2007); Celotex Corp. v. Catrett, 477 U.S. 317, 325—26 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-55 (1986); Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 585-87 (1986). Genuine issues of materials fact exist and preclude summary judgment. Accordingly, the court DENIES defendant’s motion for summary nadament [D.E. 42]. The parties shall engage in a court hosted settlement conference with United States Magistrate Judge James E. Gates. If the parties cannot settle the case, they shall propose trial dates in August, September, or October 2022. SO ORDERED. This 21. day of February, 2022. ss C. DEVER Ill United States District Judge □ □ }