MARTIN REIDINGER, District Judge.
Defendants North Carolina Department of Public Safety ("DPS"); Frank Perry, in his official capacity as secretary of DPS and in his individual capacity ("Perry"); Joseph Dugdale, in his official capacity as Chief Deputy General counsel for DPS and in his individual capacity ("Dugdale"); Margaret Murga, in her official capacity as Personnel Analyst for DPS and in her individual capacity ("Murga"); Pamela Walker, in her official capacity as Director of Communications Office for DPS and in her individual capacity ("Walker"); and the North Carolina Alcohol Law Enforcement Branch of the State Bureau of Investigation ("ALE"), moved to dismiss several of the claims asserted in the Plaintiff's Complaint. [Doc. 17]. Pursuant to 28 U.S.C. § 636(b) and the standing Orders of Designation of this Court, the Honorable Dennis L. Howell, United States Magistrate Judge, was designated to consider the partial motion to dismiss and to submit a recommendation for its disposition.
On January 3, 2017, the Magistrate Judge filed a Memorandum and Recommendation in this case containing conclusions of law in support of a recommendation regarding the partial motion to dismiss. [Doc. 27]. The parties were advised that any objections to the Magistrate Judge's Memorandum and Recommendation were to be filed in writing within fourteen (14) days of service. The period within which to file objections has expired, and no written objections to the Memorandum and Recommendation have been filed.
After a careful review of the Magistrate Judge's Recommendation, the Court finds that the proposed conclusions of law are consistent with current case law. Accordingly, the Court hereby accepts the Magistrate Judge's recommendation that the partial motion to dismiss be granted in part and denied in part.
(1) With respect to Plaintiff's "First Claim," which seeks damages and injunctive relief under 42 U.S.C. § 1983, the Plaintiff's claims for damages against Defendants DPS, ALE, and Defendants Perry, Dugdale, Murga, and Walker in their official capacities are hereby
(2) With respect to Plaintiff's "Second Claim," which asserts claims pursuant to the North Carolina Constitution, the Plaintiff's claims against Defendants Perry, Dugdale, Murga, and Walker in their individual capacities are
(3) Plaintiff's "Third Claim," which states claims for defamation against all Defendants, is
(4) With respect to Plaintiff's "Fourth Claim," which asserts claims of civil conspiracy against all Defendants, Plaintiff's claims for damages against Defendants Perry, Dugdale, Murga, and Walker in their official capacities and Defendants DPS and ALE are