TUNSTALL v. PERRY et al

Filing 110

ORDER signed by JUDGE LORETTA C. BIGGS on 03/13/2018 affirming and adopting the Magistrate Judge's Recommendation, that Defendant Sami Hassan's Motion to Dismiss, (ECF No. 93 ), is GRANTED; that the Entry of Default, (ECF No. 104 ), aga inst Defendant Jane Welch is SET ASIDE; that Plaintiff's Motion for Default Judgment against Defendant Welch, (ECF No. 105 ), is DENIED; and that Plaintiff's claims against Defendant Welch and all remaining Defendants are DISMISSED under 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted. (Garland, Leah)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA CHARLES ALONZO TUNSTALL, ) ) ) ) ) ) ) ) ) Plaintiff, v. FRANK L. PERRY, et al., Defendants. 1:15CV226 ORDER On January 5, 2018, the United States Magistrate Judge=s Recommendation was filed and notice was served on the parties pursuant to 28 U.S.C. ' 636. Plaintiff filed objections, (ECF No. 109), within the time limit prescribed by Section 636. The Court has reviewed Plaintiff=s objections de novo and finds that they do not change the substance of the United States Magistrate Judge=s Recommendation, (ECF No. 107), which is affirmed and adopted. IT IS THEREFORE ORDERED that Defendant Sami Hassan=s Motion to Dismiss, (ECF No. 93), is GRANTED; that the Entry of Default, (ECF No. 104), against Defendant Jane Welch is SET ASIDE; that Plaintiff=s Motion for Default Judgment against Defendant Welch, (ECF No. 105), is DENIED; and that Plaintiff=s claims against Defendant Welch and all remaining Defendants are DISMISSED under 28 U.S.C. ' 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted. This, the 13th day of March, 2018. /s/ Loretta C. Biggs United States District Judge

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