DALTON v. REID et al
Filing
18
ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE re 15 Report and Recommendations. Granting 11 Motion to Dismiss Case as Frivolous; By JUDGE NANCY TORRESEN. (dfr)
UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
ROBERTA RENEE DALTON,
Plaintiff,
v.
LAURA LEE REID and
ALEXANDRA V. SEYFRIT,
Defendants,
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) Docket no. 1:13-cv-00352-NT
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ORDER AFFIRMING THE RECOMMENDED DECISION
OF THE MAGISTRATE JUDGE
On December 30, 2013, the United States Magistrate Judge filed with the
Court her Recommended Decision. (ECF No. 15). On January 9, 2014, the Plaintiff
filed a document which the Court treated as her Objection to the Recommended
Decision (ECF No. 16). The Defendants filed their Response to the Plaintiff’s
Objection to the Recommended Decision on January 17, 2014. (ECF No. 19).
I have reviewed and considered the Magistrate Judge's Recommended
Decision, together with the entire record; I have made a de novo determination of
all matters adjudicated by the Magistrate Judge's Recommended Decision; and I
concur with the recommendations set forth in her Recommended Decision. It is
hereby ORDERED that the Plaintiff’s action is DISMISSED WITH PREJUDICE.
Further, I concur with the Magistrate Judge’s recommendation that, given
the number of actions the Plaintiff has filed against her sisters in this District
without providing a basis for jurisdiction, a narrowly-tailored order enjoining the
Plaintiff from filing any further actions in this District against Defendants Laura
Lee Reid and Alexandra V. Seyfrit without prior leave of this Court is necessary.
Cok v. Family Court of Rhode Island, 985 F.2d 32, 35 (1st Cir. 1993).
As the
Magistrate Judge notes, such an order requires notice and an opportunity to be
heard.
In this case, notice was provided to the Plaintiff by the Recommended
Decision, and the Plaintiff had an opportunity to be heard in her Objection to the
Recommended Decision.
SO ORDERED.
/s/ Nancy Torresen
UNITED STATES DISTRICT JUDGE
Dated this 23rd day of January, 2014.
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