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. ยง 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
2
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