FREEMAN v. FREEMAN et al
Filing
10
ORDER signed by JUDGE THOMAS D. SCHROEDER on 06/29/2017, 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. This dismissal is without prejudice to whatever remedies, if any, Plaintiff may have in any proper claim brought in the North Carolina State court system under State or other applicable law. (Taylor, Abby)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
JACQUELINE FREEMAN,
)
)
)
)
)
)
)
)
)
Plaintiff,
v.
KIRK DOUGLAS FREEMAN, et al.,
Defendants.
1:17CV298
ORDER
On May 19, 2017, the Recommendation of the United States
Magistrate Judge was filed with the court in accordance with 28
U.S.C. § 636(b) and served on the parties in this action.
(Doc.
6.)
(Doc.
8.)
Plaintiff filed an Objection to the Recommendation.
She
has
Prohibition,
since
filed
Injunction
or
a
“Petition
Other
for
Writ
Appropriate
of
Mandate,
Relief,”
which
purports to make claims against Judge Susan R. Burch, a North
Carolina State court judge.
(Doc. 9.)
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, which is in accord with the Magistrate
Judge’s report.
The court therefore adopts the Magistrate Judge’s
Recommendation.
Moreover, the Petition is without merit and will
be dismissed, including its allegations against the State court
judge who enjoys judicial immunity for the performance of duties
within the scope of her office.
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.
This dismissal is without prejudice
to whatever remedies, if any, Plaintiff may have in any proper
claim brought in the North Carolina State court system under State
or other applicable law.
/s/
Thomas D. Schroeder
United States District Judge
June 29, 2017
2
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