Upon consideration of the conditional petition filed on the 30th day of November 2005 by Defendant (Onslow County Sheriff's Department, Ed Brown & Kirk Newkirk) in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Dismissed as moot by order of the Court in conference, this the 2nd day of March 2006."