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,

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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

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