GIBBS v. STATE EMPLOYEES CREDIT UNION et al

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
JULIUS THEODORE GIBBS, JR., 	)
)
Plaintiff, 	)
)
v. 	) 	1:25CV875
)
STATE EMPLOYEES CREDIT 	)
UNION et al., 	)
)
Defendants. 	)
ORDER
On October 7, 2025, the Order and Recommendation of the United
States 	Magistrate 	Judge 	was 	filed 	and 	notice 	was 	served 	on 	the
parties in accordance with 28 U.S.C. § 636(b). 	Plaintiff objected
to the Recommendation. 	(Doc. 11.)
The 	court 	has 	carefully 	reviewed 	the 	portions 	of 	the
Magistrate Judge’s report to which objection was made and has made
a 	de 	novo 	determination 	in 	accord 	with 	the 	Magistrate 	Judge’s
report. 	The 	court 	finds 	that 	the 	objections 	do 	not 	change 	the
substance of the Magistrate Judge’s Recommendation, and the court
therefore 	adopts 	the 	Recommendation. 	Plaintiff 	has 	also 	filed 	a
motion for temporary restraining order (Doc. 12), but there is no
basis 	for 	entry 	of 	such 	an 	order 	given 	the 	dismissal 	of 	the 	case
for 	the 	reasons 	set 	out 	in 	the 	Recommendation. 	Therefore, 	the
motion for temporary restraining order will be denied.
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IT 	IS 	THEREFORE 	ORDERED 	that 	Plaintiff’s 	motion 	for
restraining 	order 	(Doc. 	5) 	is 	DENIED, 	and 	Plaintiff’s 	motion 	for
temporary restraining order (Doc. 12) is DENIED.
IT 	IS 	FURTHER 	ORDERED 	that 	this 	action 	is 	DISMISSED 	without
prejudice 	pursuant 	to 	28 	U.S.C. 	§ 	1915(e)(2)(B) 	and 	Federal 	Rule
of Civil Procedure 12(h)(3).
/s/ 	Thomas D. Schroeder
United States District Judge
January 12, 2026
Case 1:25-cv-00875-TDS-JEP Document 13 Filed 01/12/26 Page 2 of 2