Sutton v. McCrory et al

Filing 10

ORDER denying 8 Motion for Reconsideration regarding 5 Order on Motion for Leave to Proceed in forma pauperis. Plaintiff's complaint is dismissed and the Court is d~ected to close the case. Signed by District Judge Terrence W. Boyle on 4/23/2015. Copies mailed to Plaintiff's last known address. (Downing, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO. 5:15-CV-69-BO

KELLY SUTTON,
Plaintiff,
v.

PAT McCRORY, Acting Governor, JOHN W.
SMITH, Acting Administrative Director, et al.,
Defendants.

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ORDER

This matter is before the Court on plaintiff Kelly Sutton's motion to reconsider the
Court's March 13, 2015, order dismissing her complaint as frivolous. [DE 8]. In support ofher
motion, plaintiff submitted a 2011 forensic audit finding that the underwriting process was
flawed in that it did not account for the likelihood of inflated income on the loan application, and
recommending potential legal causes of action. [DE 8-1]. As the audit is dated April 10, 2011,
plaintiff could have included it in her original complaint. More importantly, however, it does not
bear on any of the analysis in the Court's order dismissing the case as frivolous. Accordingly the
Court finds no basis on which to grant plaintiff's motion to reconsider, and the motion is
DENIED. The Court reaffirms its March 13,2015, order in its entirety. [DE 5]. Plaintiff's
complaint is dismissed and the Court is d~ected to close the case.
SO ORDERED, this

¢J_ day of~015.