Board of Trustees, Wayne Community College v. Mitchell

Filing 5

ORDER adopting Report and Recommendations regarding 4 Memorandum and Recommendations. The court adopts the recommendation of the magistrate judge as its own. For the reasons stated therein, this matter is REMANDED to the North Carolina Court of Justice, Wayne County Superior Court Division. Signed by Senior Judge Malcolm J. Howard on 5/3/2016. (Rudd, D.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO.: 5:14-CV-419-H

PAUL A. MITCHELL,
Plaintiff,

v.
ORDER

BOARD OF TRUSTEES, WAYNE
COMMUNITY COLLEGE,
Defendant.

This
pursuant

matter
to

is

before

28

prolific pro

U.S.C.

se

litigant.

§

the

1915.

court

Plaintiff

He has

lawsuits which were filed in,

to

termination

arise
as

a

from
basic

the

transferred to,

same

skills

All the

facts

instructor

frivolity

Paul

filed at

Eastern District of North Carolina.
appear

on

and

Mitchell

least eight

review
is

a

other

or removed to the
suits

ultimately

circumstances-his

from Wayne

Community

College ("WCC") .
This matter was referred to United States Magistrate Judge
Kimberly A.

Swank.

Judge Swank filed an order and memorandum

and recommendation (M&R)

ordering that Mitchell's application to

proceed in forma pauperis be allowed and recommending Mitchell's

Notice of Removal be stricken and this matter remanded to state
court.

No objections have been filed to the M&R,

and the time

for doing so has expired.
A full and careful review of the M&R and other documents of
record

convinces

the

court

that

the

recommendation

of

the

magistrate judge is, in all respects, in accordance with the law
and

should

be

recommendation
reasons

approved.
of

the

stated therein,

Accordingly,

magistrate
this

judge

matter

is

the
as

court
its

own.

REMANDED

to

adopts

the

For

the

the

North

Carolina Court of Justice, Wayne County Superior Court Division.
~~

This ~day of May 2016.

Senior United States District Judge
At Greenville, NC
#26

2