MUHAMMAD v. SPIVEY et al

1:25-cv-00972Ncmd12 gen 2026

Testo completo

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
BAARI’A [of the family] MUHAMMAD, 	)
)
Plaintiff, 	)
)
v. 	) 	1:25CV972
)
REX ALAN SPIVEY et al., 	)
)
Defendants. 	)
ORDER
On 	November 	6, 	2025, 	the 	Opinion 	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. 10.)
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.
IT 	IS 	THEREFORE 	ORDERED 	that 	the 	instant 	motion 	(Doc. 	5) 	is
terminated, 	the 	Summonses 	(Doc. 	6) 	are 	cancelled, 	this 	action 	is
DISMISSED 	for 	lack 	of 	subject 	matter 	jurisdiction 	(due 	to 	its
frivolousness) 	or 	in 	the 	alternative 	for 	its 	obvious 	failure 	to
state 	a 	claim, 	and 	Plaintiff 	is 	warned 	that 	the 	filing 	of 	any
further 	frivolous 	or 	vexatious 	documents 	will 	result 	in 	the
Case 1:25-cv-00972-TDS-LPA Document 53 Filed 01/12/26 Page 1 of 2
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imposition 	of 	sanctions, 	including 	monetary 	sanctions 	and 	a 	pre-
filing injunction. 	All remaining motions are DENIED as moot.
/s/ 	Thomas D. Schroeder
United States District Judge
January 12, 2026
Case 1:25-cv-00972-TDS-LPA Document 53 Filed 01/12/26 Page 2 of 2

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