BANKS v. ROSS et al

Filing 9

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR. on 3/7/2025; that the Magistrate Judge's Recommendation, (Doc. 7 ), is ADOPTED. FURTHER ORDERED that Plaintiff's federal law claims are DISMISSED WITHOUT PREJUDI CE pursuant to 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim on which relief may be granted and for frivolity. FURTHER ORDER that Plaintiff's state law claims are DISMISSED WITHOUT PREJUDICE to re-filing in state court. Furthermore, this action is hereby DISMISSED. A Judgment dismissing this action will be filed contemporaneously with this Order. (sh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
RICKEY BANKS,
Plaintiff,
v.
RYAN ROSS, Executive Director
Open Door Ministries,
ELISABETH FISHER WATERS,
Director of Arthur Cassell
Memorial Tran. House,
KELLYCE HEBERT, Clinical Case
Manager, Arthur Cassell,
ANDREW PROCHET, Men's Shelter
Director, MICHAEL HUGGINS,
Defendants.

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1:24-cv-291

ORDER
On February 3, 2025, the United States Magistrate Judge’s
Order and Recommendation (“Recommendation”) was filed and notice
was served on the parties pursuant to 28 U.S.C. § 636. (Docs. 7,
8). No objections were filed within the time limits prescribed
by Section 636.
Therefore, the court need not make a de novo review and the
Magistrate Judge’s Recommendation is hereby adopted.
IT IS HEREBY ORDERED that the Magistrate Judge’s
Recommendation, (Doc. 7), is ADOPTED. IT IS FURTHER ORDERED that
Plaintiff’s federal law claims are DISMISSED WITHOUT PREJUDICE

pursuant to 28 U.S.C. § 1915(e)(2)(B) for failure to state a
claim on which relief may be granted and for frivolity.
IT IS FURTHER ORDER that Plaintiff’s state law claims are
DISMISSED WITHOUT PREJUDICE to re-filing in state court.
Furthermore, this action is hereby DISMISSED.
A Judgment dismissing this action will be filed
contemporaneously with this Order.
This the 7th day of March, 2025.

__________________________________
United States District Judge

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