DUNCAN et al v. MCKINNEY et al

Filing 8

ORDER signed by JUDGE LORETTA C. BIGGS on 01/10/2018 adopting the Magistrate Judge's Recommendation, that this action is DISMISSED sua sponte pursuant to 28 U.S.C. § 1915(e)(2)(B) for being frivolous and malicious and for failing to state a claim upon which relief may be granted. (Garland, Leah)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA MARK J. DUNCAN, et al., Plaintiffs, v. SHIRLEY GIBSON MCKINNEY, et al., Defendants. ) ) ) ) ) ) ) ) ) 1:17CV1026 ORDER On December 12, 2017, the United States Magistrate Judge’s Recommendation was filed and notice was served on the parties pursuant to 28 U.S.C. § 636. Plaintiffs filed objections, (ECF No. 7), within the time limit prescribed by Section 636. The Court has reviewed Plaintiffs= objections de novo and finds that they do not change the substance of the United States Magistrate Judge’s Recommendation, (ECF No. 5), which is affirmed and adopted. IT IS THEREFORE ORDERED that this action is DISMISSED sua sponte pursuant to 28 U.S.C. § 1915(e)(2)(B) for being frivolous and malicious and for failing to state a claim upon which relief may be granted. This, the 10th day of January, 2018. /s/ Loretta C. Biggs United States District Judge

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