Galloway v. John Doe

District Court, E.D. North Carolina

Galloway v. John Doe

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION

NO. 5:25-CV-00293-FL

ASHLEY GALLOWAY, ) ) Plaintiff, ) ) v. ) ORDER ) JOHN DOE, ) ) Defendant. )

This matter is before the court for review of plaintiff’s pro se complaint (DE 1) pursuant to

28 U.S.C. § 1915

(e). Also pending is plaintiff’s motion for temporary restraining order and preliminary injunction (DE 4). United States Magistrate Judge Robert B. Jones, Jr. entered memorandum and recommendation (“M&R”), pursuant to

28 U.S.C. § 636

(b)(1) and Federal Rule of Civil Procedure 72(b), wherein it is recommended plaintiff’s complaint be dismissed and motion be denied as moot. (DE 6). Plaintiff did not file objections to the M&R, and the time within which to make any objection has expired. In this posture, the issues raised are ripe for ruling. Upon a careful review of the M&R, the court may “accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.”

28 U.S.C. § 636

(b)(1). Because no objections have been filed, the court reviews the magistrate judge’s findings and conclusions only for clear error, and need not give any explanation for adopting the M&R. Diamond v. Colonial Life & Acc. Ins. Co.,

416 F.3d 310, 315

(4th Cir. 2005); Camby v. Davis,

718 F.2d 198, 200

(4th Cir. 1983). The magistrate judge recommends dismissal of plaintiffs’ complaint for failure to state a plausible claim for relief. Upon careful review of the M&R, the court finds the magistrate judge’s analysis to be thorough, and there is no clear error. The court hereby ADOPTS the recommendation of the magistrate judge as its own, and plaintiffs action is DISMISSED for failure to state a claim pursuant to

28 U.S.C. § 1915

(e)(2)(B). Plaintiffs motion for temporary restraining order and preliminary injunction (DE 4) necessarily is TERMINATED AS MOOT. The clerk of court is DIRECTED to close the case. SO ORDERED, this the 13th day of August, 2025.

United States District Judge

Reference

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