DEAL v. OBAMA et al

Filing 5

ORDER signed by JUDGE CATHERINE C. EAGLES on 11/13/2017 adopting the Magistrate Judge's Recommendation in full as supplemented herein, the complaint will be dismissed with prejudice. (Garland, Leah)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
ROGER LEE DEAL, SR.,
Plaintiff,
v.
BARACK OBAMA, et al.,
Defendants.

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1:17-CV-6

ORDER
The Recommendation of the United States Magistrate Judge was filed in
accordance with 28 U.S.C. § 636(b) and, on October 13, 2017, was served on the
plaintiff. Docs. 3, 4. No objections were filed. After consideration of the record, the
Court hereby adopts the Magistrate Judge’s Recommendation in full, as supplemented
herein.
This complaint is yet another in a long line of frivolous complaints filed by Mr.
Deal. See, e.g., Deal v. Cole, No. 3:13-CV-158-RJC, 2013 WL 1190635, at *1
(W.D.N.C. Mar. 22, 2013) (collecting cases). His claims have been rejected in the past
and he has been notified repeatedly about the need to submit a filing fee with any
complaint, absent extenuating circumstances not present here. See Doc. 2; see also Deal
v. Ellis, 1:17-CV-653, Order & Rec., Doc. 3 (M.D.N.C. Sept. 14, 2017). Dismissal
without prejudice serves no purpose, as Mr. Deal has repeatedly shown himself unable to
comply with basic rules applicable to all lawsuits and there is no reason to think he will
comply going forward. For this reason, the complaint will be dismissed with prejudice.

The Court further finds that a pre-filing injunction is appropriate for the reasons
stated by the Magistrate Judge and in view of additional frivolous lawsuits filed by Roger
Deal after filing that lawsuit. See Deal v. Lovin, et al., 1:17-CV-73; Deal v. Ellis, et al.,
1:17-CV-653; and Deal v. Butler, et al., 1:17-CV-981. That injunction will be entered by
separate order.
This the 13th day of November, 2017.

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UNITED STATES DISTRICT JUDGE

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