Summary
This United States District Court order adopts a Magistrate Judge’s memorandum and recommendation to dismiss the plaintiff’s pro se complaint for failure to state a plausible claim for relief. The court reviewed the magistrate’s findings for clear error and found no basis to reject them, resulting in the dismissal of the action pursuant to 28 U.S.C. § 1915(e)(2)(B). Additionally, the plaintiff’s pending motion for a temporary restraining order and preliminary injunction was terminated as moot, and the clerk was directed to close the case.
Topics
Practice areas
Questions Presented
- Whether the district court should adopt the magistrate judge’s recommendation to dismiss the complaint for failure to state a claim under 28 U.S.C. §1915(e)(2)(B).
Holdings
- The court adopts the magistrate judge’s recommendation and dismisses the complaint for failure to state a claim pursuant to 28 U.S.C. §1915(e)(2)(B); the motion for a temporary restraining order and preliminary injunction is terminated as moot.
Key quotations
“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.”
“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).”
Factual background
Plaintiff Ashley Galloway filed a pro se civil action against John Doe under 28 U.S.C. §1915(e) and sought a temporary restraining order and preliminary injunction.
Procedural history
Magistrate Judge Robert B. Jones, Jr. entered a memorandum and recommendation to dismiss the complaint for failure to state a claim and to deny the TRO/PI motion. Plaintiff filed no objections. The district court reviewed the recommendation for clear error and adopted it, dismissing the complaint and terminating the motion as moot.