District Court, E.D. North Carolina September 13, 2007, 5:06-cv-00185 (Aikens v. Ingram)

ORDER

JAMES C. DEVER, III, District Judge.

Frederick Aikens (“plaintiff’), a former Colonel in the North Carolina Army National Guard (“NCARNG”), filed this civil rights action against (1) Major General William Ingram (“Ingram”) individually and in his official capacity as the Adjutant General of the NCARNG;

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(2) Peter von Jess (“von Jess”) individually and in his official capacity as a