IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

DERRICK ALLEN, SR., ) ) Plaintiff, ) ) v. ) 1:22CV76 ) JUDITH A. FORTNEY, ) ) Defendant. )

ORDER

The Recommendation of the United States Magistrate Judge was filed with the court in accordance with

(b) and, on January 31, 2022, was served on the parties in this action. (Text Order and Recommendation dated Jan. 31, 2022; Doc. 5.) Plaintiff objected to the Recommendation. (Doc. 7.)* The court has appropriately reviewed the portions of the Magistrate Judge’s report to which objections were made and has made a de novo determination in accord with the Magistrate Judge’s report. The court therefore adopts the Magistrate Judge’s Recommendation.

* The objection suggests that Plaintiff’s “pending lawsuit” against the Magistrate Judge and the undersigned presents a conflict of interest. (Doc. 7 at 1.) However, “[a] litigant’s lawsuit against a judge does not, by itself, disqualify the judge from handling the litigant’s other lawsuits.” Allen v. North Carolina Dep’t of Health & Human Servs., No. 20CV582,

, at *1 (M.D.N.C. Jan. 5, 2022) (unpublished) (collecting cases), appeal filed, No. 22-1039 (4th Cir. Jan. 11, 2022). Accordingly, “the court shall continue to adjudicate [Plaintiff]’s claims in this case and in all his remaining cases.”

. IT IS THEREFORE ORDERED that this action is dismissed pursuant to

(e)(2)(B)(i) and (ii).

/s/ Thomas D. Schroeder United States District Judge

February 17, 2022