Carrie Montgomery v. Johnston County Department of Social Services

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-1862
CARRIE MONTGOMERY,
Plaintiff - Appellant,
v.
JOHNSTON COUNTY DEPARTMENT OF SOCIAL SERVICES; NORTH
CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, Johnston
County, North Carolina; ELIZABETH WILSON, individually and in her official
capacity as Johnston County Social Worker Supervisor; CHANDLER WATSON,
individually and in her capacity as Johnston County Social Worker; TABITHA
HARDIN, individually and in her capacity as Johnston County Social Worker;
ALLAN DELAINE, individually and in his capacity as former attorney for Plaintiff;
JOHNSTON COUNTY,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. Louise W. Flanagan, District Judge. (5:23-cv-00041-FL)
Submitted: July 29, 2024 Decided: August 1, 2024
Before WILKINSON, GREGORY, and HEYTENS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Carrie Montgomery, Appellant Pro Se. John Howard Schaeffer, Assistant Attorney
General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina;

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Sean Francis Perrin, WOMBLE BOND DICKINSON (US) LLP, Charlotte, North
Carolina; Walter A. Schmidlin, III, STEWART, SCHMIDLIN, BULLOCK & GOURLEY
PLLC, Smithfield, North Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Carrie Montgomery appeals the district court’s order upholding the magistrate
judge’s denial of her motion to appoint counsel and accepting the recommendation of the
magistrate judge and dismissing Montgomery’s civil action pursuant to Fed. R. Civ. P.
12(b)(6). We have reviewed the record and find no reversible error. Accordingly, we
affirm the district court’s order. Montgomery v. Johnston Cnty. Dep’t of Soc. Servs., No.
5:23-cv-00041-FL (E.D.N.C. July 26, 2023). We dispense with oral argument because the
facts and legal contentions are adequately presented in the materials before this court and
argument would not aid the decisional process.
AFFIRMED

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