LEWIS EL v. ALL AMERICAN BAIL BONDS INC. et al

Filing 7

ORDER signed by JUDGE THOMAS D. SCHROEDER on 1/28/2014, adopting the Magistrate Judge's Recommendation (doc. 4 ) and any request for additional time to file an amendment to the present complaint is denied; that this action is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B) for failing to state a claim upon which relief may be granted, without prejudice to Plaintiff filing a new complaint as noted in the Recommendation of the United States Magistrate Judge. (Lloyd, Donna)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

LORRAINE BLACKWELL LEWIS EL,

)
)
Plaintiff,
)
)
v.
)
)
ALL AMERICAN BAIL BONDS, INC., )
CRIMINAL MAGISTRATE INC.,
)
GREENSBORO MUNICIPAL INC.,
)
GUILFORD COUNTY SHERIFF OFFICE, )
)
Defendants.
)

1:13CV1119

ORDER
The Recommendation of the United States Magistrate Judge was
filed with the court in accordance with 28 U.S.C. § 636(b) and, on
December 31, 2013, was served on the parties in this action.

On

January 16, 2014, Plaintiff filed a document labeled “Leave of Court
to Amend Complaint.”

However, the filing is bereft of explanation

and no proposed amended complaint was submitted.

See Bogdan v. Hous.

Auth. of Winston-Salem, No. 1:05CV00568, 2006 WL 3848693, at *3
(M.D.N.C. Dec. 29, 2006) (stating that plaintiff must include copy
of the proposed amendment or at least the substance of the proposed
amended complaint, citing Fed. R. Civ. P. 7(b)(1)).

Insofar as

Plaintiff is attempting to proceed pro se, the court construes her
filing liberally as both an objection and a request for additional
time to file an amended complaint.

The court has conducted a review of the matters set forth in
the Plaintiff’s filing and made a de novo determination.
review is in accord with the Recommendation.

The court’s

Moreover, Plaintiff

has not provided any basis to indicate that any amendment would cure
the defects in the present complaint noted by the Magistrate Judge.
Therefore, the Recommendation is hereby adopted, and any request for
additional time to file an amendment to the present complaint is
denied.

Consistent with the Recommendation, the current complaint

will be dismissed without prejudice to Plaintiff’s filing of a new
action that corrects the defects noted in the Recommendation.
However, Plaintiff is cautioned that nothing in this decision tolls
any applicable statute of limitations or other time restriction that
may apply to any claim she may intend to file.
IT IS THEREFORE ORDERED that this action is DISMISSED pursuant
to 28 U.S.C. § 1915(e)(2)(B) for failing to state a claim upon which
relief may be granted, without prejudice to Plaintiff filing a new
complaint as noted in the Recommendation of the United States
Magistrate Judge.

/s/ Thomas D. Schroeder
United States District Judge
January 28, 2014