Bryant, et al v. City of Wilmington

Filing 8

ORDER adopting 6 Memorandum and Recommendations; granting 1 Motion for Leave to Proceed in forma pauperis; and granting 2 Motion for Leave to Proceed in forma pauperis - Signed by District Judge Louise Wood Flanagan on 02/27/2013. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
NO. 4:12-CV-276-FL
CHIQUITA R. BRYANT and
ANTHONY LEE MCNAIR,
Plaintiff,
v.

CITY OF WILMINGTON,
Defendant.

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ORDER

This matter is before the court on plaintiffs' motions for leave to proceed in forma pauperis
(DE## 1, 2), filed November 26,2012, and the memorandum and recommendation ("M&R") of
Magistrate Judge William A. Webb (DE# 6), filed on December 26, 2012, pursuant to 28 U.S.C.
§ 636(b)(l) and Fed. R. Civ. P. 72(b), recommending that plaintiffs' proposed complaint be
dismissed because the proposed complaint is frivolous.

Plaintiff McNair filed objections to the

M&R on January 2, 2013 (DE# 7).
Upon de novo review of the M&R, the complaint, and plaintiffs objections, the court
ADOPTS the M&R as its own and OVERRULES the objections to the M&R, finding that the M&R
sufficiently explains the basis for dismissal of this action. For the reasons stated in the M&R, the
motions for leave to proceed in forma pauperis (DE ## 1, 2) are GRANTED but plaintiffs'
complaint is DISMISSED. The clerk is directed to close this case.

1:4..--

so ORDERED, this th~7

day of February, 2013.

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