Opinion
1:09CV103.
May 12, 2009
ORDER
The Recommendation of the United States Magistrate Judge was filed with the court in accordance with 28 U.S.C. § 636(b) and, on February 12, 2009, was served on the parties in this action. Plaintiff objected to the Recommendation. (Doc. 7.)
Plaintiff seeks to have the applicable three-year statute of limitations barring her claim extended, although she provides no grounds for doing so. N.C. Gen. Stat. § 1-15(a); cf. Hicks v. Wake County Bd. of Educ., 187 N.C. App. 485, 653 S.E.2d 236 (2007). It is unfortunate that Plaintiff may have left herself without a remedy, but the law does not permit stale claims.
The court has appropriately reviewed the portions of the Magistrate Judge's report to which objection was made and has made a de novo determination, which is in accord with the Magistrate Judge's report. The court therefore adopts the Magistrate Judge's Recommendation.
IT IS THEREFORE ORDERED that Plaintiff's complaint (Doc. 2) be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B) for being frivolous or malicious or for failing to state a claim upon which relief may be granted.
A Judgment dismissing this action will be entered contemporaneously with this Order.