Opinion
1:22CV76
02-17-2022
DERRICK ALLEN, SR., Plaintiff, v. JUDITH A. FORTNEY, Defendant.
ORDER
Thomas D. Schroeder, United States District Judge.
The Recommendation of the United States Magistrate Judge was filed with the court in accordance with 28 U.S.C. § 636(b) and, on January 31, 2022, was served on the parties in this action. (Text Order and Recommendation dated Jan. 31, 2022; Doc. 5.) Plaintiff objected to the Recommendation. (Doc. 7.)
The objection suggests that Plaintiff's “pending lawsuit” against the Magistrate Judge and the undersigned presents a conflict of interest. (Doc. 7 at 1.) However, “[a] litigant's lawsuit against a judge does not, by itself, disqualify the judge from handling the litigant's other lawsuits.” Allen v. North Carolina Dep't of Health & Human Servs., No. 20CV582, 2022 WL 43221, at *1 (M.D. N.C. Jan. 5, 2022) (unpublished) (collecting cases), appeal filed, No. 22-1039 (4th Cir. Jan. 11, 2022). Accordingly, “the court shall continue to adjudicate [Plaintiff]'s claims in this case and in all his remaining cases.” Id. at *2.
The court has appropriately reviewed the portions of the Magistrate Judge's report to which objections were made and has made a de novo determination in accord with the Magistrate Judge's report. The court therefore adopts the Magistrate Judge's Recommendation.
IT IS THEREFORE ORDERED that this action is dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and (ii).