Summary
The United States District Court for the Eastern District of North Carolina adopts an unopposed magistrate judge’s memorandum and recommendation after clear-error review. The court dismisses some Rehabilitation Act, Civil Service Reform Act, and state-law claims, permits other claims to proceed against specified defendants, substitutes the Secretary of Commerce, and directs the plaintiff to submit proposed summonses.
Court
United States District Court for the Eastern District of North Carolina
Jurisdiction
United States District Court for the Eastern District of North Carolina
Decision date
April 8, 2026
Docket number
No. 7:25-CV-418-BO-BM
Disposition
other
Questions Presented
- Whether the court should adopt the unopposed magistrate judge's memorandum and recommendation after reviewing it for clear error.
- Which defendants and claims should remain after the magistrate judge's frivolity review.
- What service requirements apply to the federal-employee defendants and the United States.
Holdings
- Because no party filed specific objections and the objection period expired, the district court reviewed the memorandum and recommendation for clear error, found none, and adopted it in full.
- The magistrate judge's recommendation was adopted: the Secretary of Commerce was substituted as defendant for the Rehabilitation Act and CSRA claims; the Rehabilitation Act retaliatory-discharge claim was dismissed; the Rehabilitation Act hostile-work-environment and failure-to-accommodate claims and the CSRA claim could proceed against Secretary Lutnick but were dismissed as to all other defendants; and the state-law defamation claim could proceed against Holly Hillman but was dismissed as to all other defendants.
- Plaintiff was required to provide proposed summonses for the federal employees, the civil process clerk, the United States Attorney for the Eastern District of North Carolina, and the Attorney General of the United States, after which the United States Marshal was directed to serve the defendants pursuant to Rule 4.
Court Document
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