FULLARD v. PERRY et al

Filing 15

ORDER signed by JUDGE LORETTA C. BIGGS on 04/19/2018, that Plaintiff's motion for leave to proceed in forma pauperis, (ECF No. 11 ), motion for appointment of counsel, (ECF No. 12 ), and motion entitled "Motion for Action Remedy "Injuries Take Place in Multiple Judicial Districts" Stays Actionfor Judicial Review" (ECF No. 13 ), are DENIED. A judgment dismissing this action will be entered contemporaneously with this Order. (Taylor, Abby)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA REGINALD FULLARD, ) ) ) ) ) ) ) ) ) Plaintiff, v. FRANK PERRY, et al., Defendant(s). 1:18CV258 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 4, 2018, was served on the parties in this action. (ECF Nos. 8, 9). Plaintiff objected to the Recommendation. (ECF No. 14). 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. Plaintiff has filed several other documents: (1) an affidavit; (2) a motion for leave to proceed in forma pauperis; (3) a motion for appointment of counsel; and (4) a motion entitled AMotion for Action Remedy >Injuries Take Place in Multiple Judicial Districts= Stays Action for Judicial Review.@ (ECF Nos. 10, 13.) In light of the recommendation for dismissal, the Court will deny Plaintiff=s pending motions. IT IS THEREFORE ORDERED that this action be dismissed pursuant to 28 U.S.C. ' 1915A for being frivolous or malicious or for failing to state a claim upon which relief may be granted, as well as for seeking monetary relief against a defendant who is immune from such relief. IT IS FURTHER ORDERED that Plaintiff=s motion for leave to proceed in forma pauperis, (ECF No. 11), motion for appointment of counsel, (ECF No. 12), and motion entitled AMotion for Action Remedy >Injuries Take Place in Multiple Judicial Districts= Stays Action for Judicial Review@ (ECF No. 13), are DENIED. A judgment dismissing this action will be entered contemporaneously with this Order. This, the 19th day of April, 2018. /s/ Loretta C. Biggs United States District Judge

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