STATE OF NORTH CAROLINA IN THE OFFICE OF
COUNTY OF WAKE ADMINISTRATIVE HEARINGS
GAIL H. HERNANDEZ )
Petitioner, )
)
)
v. ) 03 OSP 0863
DOBBS YOUTH DEVELOPMENT )
CENTER )
NC DEPARTMENT OF )
JUVENILE JUSTICE, and )
DELINQUENCY PREVENTION )
Respondent. )
MARTIN HERNANDEZ )
Petitioner, )
)
v. )
DOBBS YOUTH DEVELOPMENT )
CENTER ) 03 OSP 0862
NC DEPARTMENT OF )
JUVENILE JUSTICE, and )
DELINQUENCY PREVENTION )
Respondent. )
DECISION
This Matter is before the undersigned Administrative Law Judge on Respondent’s Motion for Summary Judgment, Affidavit in Support of the Motion for Summary Judgment and Memorandum of Law in Support of the Motion for Summary Judgment.
When a motion for Summary Judgment is made and supported as provided in Rule 56 of the North Carolina Rules of Civil Procedure, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or otherwise provided in Rule 56, must set forth specific facts showing that there is a genuine issue for hearing. If he does not so respond, summary judgment, if appropriate, shall be entered against him. N.C. R. Civ. P., Rule 56.
Petitioners did not file any response in opposition, affidavit(s) or any other evidentiary document(s) to be considered by the Court and rested on the allegations contained in their respective Petitions for Contested Case Hearing.
the Court having considered the evidentiary and other matters of record filed by Respondent and the Petitions for Contested Case Hearing in the above captioned matters;
And It Appearing to the Court that there are no genuine issues of material fact in this matter, and that Respondent is entitled to judgment as a matter of law.
DECISION
Based on the foregoing, I find that there is no genuine issue as to any material fact and Respondent is entitled to judgment as a matter of law.
NOTICE
The agency making a final decision in this contested case is required to give each party an opportunity to file exceptions to this decision and to present written arguments to those in the agency who will make the final decision. G.S. § 126-36(a).
The agency that will make the final decision in this contested case is the State Personnel Commission.
This the 29th day of September, 2003.
______
Beecher R. Gray Administrative Law Judge
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