Hunter v. Roventini, et al

Filing 47

ORDER adopting 46 Memorandum and Recommendation - Signed by District Judge Louise Wood Flanagan on 5/9/2016. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO. 5:14-CV-733-FL
CHASE CARMEN HUNTER,
Plaintiff,
v.
GERARD M. ROVENTINI, a/k/a Jerry M.
Roventini; JOHN DOE; THE NATIONAL
ASSOCIATION OF INSURANCE
COMMISSIONERS; THE NATIONAL
INSURANCE PRODUCER REGISTRY;
ELEANOR KITZMAN, Individually and
in her Official Capacity as the
Commissioner of the Texas Department of
Insurance; JULIA RATHGEBER,
Individually and in her Official Capacity
as the Commissioner of the Texas
Department of Insurance; THE TEXAS
DEPARTMENT OF INSURANCE;
DAVE JONES, Individually and in his
Official Capacity as The Commissioner of
Insurance of the California Department of
Insurance; THE CALIFORNIA
DEPARTMENT OF INSURANCE; and
RAYMOND O. ANDERSON,
Defendants.

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ORDER

This matter is before the court on the memorandum and recommendation (“M&R”) of
Magistrate Judge Kimberly A. Swank, pursuant to 28 U.S.C. § 636(b)(1)(C) and Fed. R. Civ. P.
72(b), wherein it is recommended that the court dismiss plaintiff’s complaint on frivolity review
under 28 U.S.C. § 1915(e)(2)(B). Plaintiff did not object to the M&R.
The magistrate judge determined that plaintiff’s amended complaint consists largely of
vague, rambling statements, and the allegations of violations of federal law are conclusory and

merely list the federal statutes that Plaintiff purports Defendants have violated, including criminal
statutes for which there is no civil cause of action. Plaintiff has not included facts in support of her
allegations nor has she specified the injuries sustained as a result of the alleged actions of each
defendant or provided dates on which the relevant events occurred. Plaintiff’s filings in this case fail
to meet the pleading standards set forth in Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555
(2007).
Therefore, upon careful review of the M&R and the record generally, finding no error in this
determination, the court ADOPTS the findings and recommendations of the magistrate judge. This
action is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B). The clerk is directed to close this
case.
SO ORDERED, this the 9th day of May, 2016.

_____________________________
LOUISE W. FLANAGAN
United States District Judge

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