`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF NORTH CAROLINA
`WESTERN DIVISION
`
`NO. 5:25-CV-00293-FL
`
`
`ASHLEY GALLOWAY,
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` P l a i n t i f f ,
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` v.
`
`JOHN DOE,
`
` Defendant.
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`)
`)
`)
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`)
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`)
`
`ORDER
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`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 plainti ff’s motion for temporary restraining order and
`preliminary injunction (DE 4). Un ited States Magistrate Judge R obert 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).
`Case 5:25-cv-00293-FL Document 7 Filed 08/13/25 Page 1 of 2
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`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, a nd there is no clear error. The court hereby ADOPTS the
`recommendation of the magistrate judge as its own, and plain tiff’s action is DISMISSED for
`failure to state a claim pursuan t to 28 U.S.C. § 1915(e)(2)(B). Plaintiff’s motion for temporary
`restraining order and preliminary injunction (D E 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.
`
` _____________________________
` LOUISE W. FLANAGAN
` U n i t e d S t a t e s D i s t r i c t J u d g e
`Case 5:25-cv-00293-FL Document 7 Filed 08/13/25 Page 2 of 2
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