Rogers v. Goss et al

Filing 10

ORDER ADOPTING 6 Memorandum and Recommendations. Plaintiff's action is DISMISSED. Signed by US District Judge Terrence W. Boyle on 10/22/2013. Copy mailed to pro se plaintiff via US Mail. (Fisher, M.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION NO. 5:13-CV-488-BO REGINALD ROGERS, SR., Plaintiff, V. SHEILA GOSS and UNITED STATES POSTMASTER OF BRUNSWICK, NORTH CAROLINA, Defendants. ) ) ) ) ) ) ) ) ) ) ORDER -------------) This matter is before the Court on plaintiffs objections to the Magistrate Judge's Memorandum and Recommendation. After careful consideration of plaintiffs objections, this Court ADOPTS the Magistrate Judge's Memorandum and Recommendation. This Court finds that plaintiff has not alleged viable claims under 42 U.S.C. § 1983 for violation of some constitutional right, or for negligent handling of the mail under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. Plaintiff has failed to show he has exhausted his administrative remedies and therefore any claim by him based on contract also fails. This Court finds no other potential claims plaintiff could have alleged after a liberal reading of the complaint. Accordingly, this action is DISMISSED. SO ORDERED, this -n day of October, 2013. TERRENCE W. BOYLE UNITED STATES DISTRIC JUDGE

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