Opinion
No. COA12–602.
2012-11-6
Najla R. SHAREEF, Plaintiff, v. NORTH CAROLINA CENTRAL UNIVERSITY, and Charlie Nelms, Individually and in his Official Capacity as Chancellor of North Carolina Central University, Defendants.
Najla R. Shareef, pro se, plaintiff-appellant. Attorney General Roy Cooper by Special Deputy Attorney General Kimberly D. Potter for defendants-appellees.
Appeal by plaintiff from order entered 28 October 2011 by Judge Paul G. Gessner in Durham County Superior Court. Heard in the Court of Appeals 22 October 2012. Najla R. Shareef, pro se, plaintiff-appellant. Attorney General Roy Cooper by Special Deputy Attorney General Kimberly D. Potter for defendants-appellees.
STEELMAN, Judge.
Plaintiff failed to make an argument challenging the trial court's decision to grant defendants' motion for summary judgment. The appeal is dismissed.
I. Factual and Procedural Background
Najla Shareef (plaintiff) filed a complaint against North Carolina Central University and Charlie Nelms (defendants), alleging claims for violations of the Whistleblower Act and defamation. On 19 January 2011, defendants answered and moved to dismiss plaintiff's complaint. On 28 September 2011, defendants filed a motion for summary judgment. On 28 October 2011, the trial court entered an order, granting defendants' motion for summary judgment.
Plaintiff appeals.
II. Motion to Dismiss
On appeal, plaintiff contends that the trial court erred by granting defendants' motion to dismiss pursuant to N.C.R. Civ. P. 12(b)(1), (2), and (6) for failure to state a claim upon which relief could be granted and upon the ground of sovereign immunity.
“Issues not presented and discussed in a party's brief are deemed abandoned.” N.C.R.App. P. 28(a). “It is not the role of the appellate courts ... to create an appeal for an appellant, nor is it the duty of the appellate courts to supplement an appellant's brief with legal authority or arguments not contained therein.” First Charter Bank v. American Children's Home, 203 N.C.App. 574, ––––, 692 S.E.2d 457, 463 (2010) (alteration in original) (internal citation and quotation marks omitted).
Plaintiff does not argue that the trial court erred in granting defendants' motion for summary judgment. Plaintiff has abandoned any challenge to the trial court's order. The appeal is dismissed.
DISMISSED. Chief Judge MARTIN and Judge ERVIN concur.
Report per Rule 30(e).