MOBLEY v. GUILFORD COUNTY PROBATION et al

Filing 9

ORDER signed by JUDGE THOMAS D. SCHROEDER on 05/25/2017 adopting the Magistrate Judge's Recommendation, that Plaintiff's claim(s) against "B. Henderson, Probation Officer" and "R. Stone, Probation Officer" (collectively the "Officer Defendants") in their individual capacities are DISMISSED WITHOUT PREJUDICE, and that Plaintiff's claim(s) against Defendant "Guilford Co. Probation," as well as his claim(s) for monetary relief against the Officer Defendants in their official capacities are DISMISSED WITH PREJUDICE. A Judgment dismissing this action will be entered contemporaneously with this Order. (Garland, Leah)

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

JASON DARNELL MOBLEY,
Plaintiff,
v.
GUILFORD CO. PROBATION,
et al.,
Defendants.

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1:17CV116

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
April

20,

2017,

was

served

on

the

parties

Plaintiff objected to the Recommendation.

in

this

action.

(Docs. 6, 7 and 8.)

The court has appropriately reviewed the portions of the
Magistrate Judge’s report to which objection was made and has made
a de novo determination in accord with the Magistrate Judge’s
report.

The

court

therefore

adopts

the

Magistrate

Judge’s

Recommendation. 1

1 Through

his objections, Plaintiff seeks to amend his individual capacity
allegations against Defendant “R. Stone, Probation Officer.” (Doc. 6
at 1-2.) However, even considering the complaint in light of Plaintiff’s
new allegations, it still fails to state a claim for relief under 42
U.S.C. § 1983, as Plaintiff has not provided enough factual matter to
establish
that
Defendant
Stone
violated
Plaintiff’s
federal
constitutional rights. Moreover, Plaintiff seeks to amend his complaint
with cursory allegations of “civil conspiracy, intentional infliction
of emotional distress, abuse of process, and malicious prosecution” as

IT IS THEREFORE ORDERED that Plaintiff’s claim(s) against “B.
Henderson, Probation
(collectively

the

Officer” and “R. Stone, Probation Officer”

“Officer

Defendants”)

in

their

individual

capacities are DISMISSED WITHOUT PREJUDICE, and that Plaintiff’s
claim(s) against Defendant “Guilford Co. Probation,” as well as
his claim(s) for monetary relief against the Officer Defendants in
their official capacities are DISMISSED WITH PREJUDICE.
A

Judgment

dismissing

this

action

will

be

entered

contemporaneously with this Order.

/s/
Thomas D. Schroeder
United States District Judge
May 25, 2017

well as violation of the North Carolina Constitution. (Doc. 8 at 2.)
Apart from the fact that such conclusory statements fail to assert valid
claims, these would constitute State law claims, and in the absence of
any basis for federal jurisdiction this court is without jurisdiction
to proceed on such claims.

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