COTTON v. STATE OF NORTH CAROLINA FIDUCIARY TRUSTEE et al

Filing 27

ORDER signed by JUDGE CATHERINE C. EAGLES on 6/7/2017 adopting the Magistrate Judge's Recommendation 5 ; that this action is DISMISSED against the defendants Judge Archie L. Smith, III, Judge Beecher R. Gray, Stephanie Reams, and Deneen Barrier. (Sheets, Jamie)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
DAVID-WILLIAM COTTON,
Plaintiff,
v.
STATE OF NORTH CAROLINA
FIDUCIARY TRUSTEE, et al.,
Defendants.

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1:17-CV-3

ORDER
The Order and Recommendation of the United States Magistrate Judge was filed
in accordance with 28 U.S.C. ' 636(b), Doc. 2, and was served on the plaintiff, DavidWilliam Cotton. Mr. Cotton objected to the Recommendation. Docs. 7, 8.
The Court has reviewed the portions of the Magistrate Judge=s report to which
objection was made. The Court has made a de novo determination that as to the
defendants Judge Archie L. Smith, III, Judge Beecher R. Gray, Stephanie Reams, and
Deneen Barrier, the complaint fails to state a claim on which relief may be granted
because these defendants are entitled to judicial immunity.
Mr. Cotton contends that judicial immunity does not apply because the judicial
officers lacked jurisdiction. Doc. 7 at 4. However, he does not explain why these
particular judicial officers lacked jurisdiction. Rather, he simply argues that the judicial
officers did not handle his case correctly in state court. Id. at 6-7. As it is clear that the
alleged constitutional violations asserted in the complaint arose from the judicial

actions of these officials, judicial immunity applies. See Doc. 5 at 2-3 (collecting
authorities).
While the reference to 28 U.S.C. ' 1915(a) in the Recommendation was error, that
error was harmless as the complaint is appropriately reviewed at this stage under 28
U.S.C. ' 1915(e)(2). See Doc. 1 (application to proceed in forma pauperis.)
The Court adopts the Magistrate Judge=s Recommendation.
IT IS THEREFORE ORDERED that this action is DISMISSED against the
defendants Judge Archie L. Smith, III, Judge Beecher R. Gray, Stephanie Reams, and
Deneen Barrier.
This the 7th day of June, 2017.

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UNITED STATES DISTRICT JUDGE

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