McRae v. Harrison et al

Filing 6

ORDER adopting Memorandum and Recommendations regarding 4 Memorandum and Recommendations. Accordingly, the court adopts the recommendation of the magistrate judge as its own and for the reasons stated therein: (1) Remaining before the court is pla intiff's ADA claim against Sheriff Harrison in his official capacity. (2) The ADA claims against defendants Harrison (in his individual capacity) and against defendants Higdon and Butler are dismissed, and plaintiff's Title VII claims are DISMISSED in their entirety. Signed by Senior Judge Malcolm J. Howard on 11/5/2017. (Rudd, D.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO. 5:17-CV-23-H

MARILYNN M. McRAE,
Plaintiff,

v.
ORDER

SHERIFF DONNIE HARRISON,
SAMUEL B. HIGDON, and GENE D.
BUTLER,
Defendants.

This

matter

is

before

the

court

for

United States Magistrate Judge Kimberly A.
and

Memorandum

and

Recommendation

frivolity

review.

Swank filed an Order

("M&R")

ordering

that

plaintiff's motion to proceed in forma pauperis be granted and
recommending the following to the undersigned:
ADA

claims

be

allowed

to

proceed

Harrison in his official capacity,
against Defendants Harrison,

Higdon,

against

( 2)

( 1)

plaintiff's

Defendant

Donnie

any remaining ADA claims

and Butler be dismissed as

frivolous or for failure to state a claim upon which relief can
be granted and

(3)

plaintiff's Title VII claims be dismissed in

their entirety as frivolous or for failure to state a claim upon
which relief can be granted.

Plaintiff has filed no objections

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

magistrate judge is,

court

that

the

in all respects,

recommendation

of

the

in accordance with the law

and should be approved.
Accordingly,

the

court

adopts

the

recommendation

of

the

magistrate judge as its own and for the reasons stated therein:
( 1)

Remaining before the court is plaintiff's ADA claim again~t

Sheriff Harrison in his official capacity.
(2)

The

individual

ADA

claims

capacity)

are dismissed,

and

against
against

defendants
defendants

Harrison
Higdon

(in

and

Butler

and plaintiff's Title VII claims are DISMISSED in

their entirety.

This~

his

;}>day of November 2017.

Senior United States District Judge
At Greenville, NC
#26

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