Shreve v. Fetter et al

Filing 9

ORDER adopting Report and Recommendations regarding 5 Memorandum and Recommendations - The plaintiffs' complaint is dismissed as frivolous for lack of jurisdiction and for failure to state a claim upon which reliefmay be granted. The clerk is directed to close the case. Signed by Senior Judge Malcolm J. Howard on 10/7/2013. (Rudd, D.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO. 5:13-CV-354-H

KIMBERLY ANN SHREVE,
Plaintiff,

v.

ORDER
KRISTEN LYNN FETTER, et al.,
Defendants.

This

matter

is

before

the

court

pursuant to 28 U.S.C. § 1915 (e) (2).

for

frivolity

Magistrate Judge William A.

Webb filed an Order and Memorandum and Recommendation
June

17,

forma

2013,

pauperis

complaint

be

jurisdiction.
July 26,

ordering

that

plaintiff's

be granted and
dismissed
Plaintiff

2013.

review

motion

recommending that

as

frivolous

and

filed

objections

on

on

proceed

to

("M&R")

in

the

underlying

for
July

1,

lack

of

2013

and

The court has carefully considered plaintiff's

objections.
A full and careful review of the M&R and other documents of
record

convinces

the

magistrate judge is,

court

that

in all respects,

and should be approved.

the

recommendation

of

the

in accordance with the law

The court also notes that plaintiff has

filed

two

similar

to

dismissed.

prior
the

complaints
instant

in

this

matter.

See Shreve v.

Fetter,

Both

court
those

et al.,

with
cases

allegations
were

5:11-CV-157-H;

also

Shreve

v. RPD, et al., 5:09-CV-353-F.
Accordingly,

the

court

adopts

the

recommendation

of

the

magistrate judge as its own; and for the reasons stated therein,
the plaintiffs'

complaint is dismissed as frivolous for lack of

jurisdiction and for failure to state a claim upon which relief
may be granted.

The clerk is directed to close the case.

7 7.!1

This ____ day of October 2013.

Senior United States District Judge
At Greenville, NC
#26

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