Montgomery v. Johnston Cnty. Dep't of Soc. Servs.

Full title: CARRIE MONTGOMERY, Plaintiff - Appellant, v. JOHNSTON COUNTY DEPARTMENT OF…

Court: United States Court of Appeals, Fourth Circuit

Date published: Aug 1, 2024

No. 23-1862 (4th Cir. Aug. 1, 2024)

Opinion

23-1862

08-01-2024

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.

Carrie Montgomery, Appellant Pro Se. John Howard Schaeffer, Assistant Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina; 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.

PER CURIAM:

UNPUBLISHED

Submitted: July 29, 2024

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)

Carrie Montgomery, Appellant Pro Se.

John Howard Schaeffer, Assistant Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina;

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.

Before WILKINSON, GREGORY, and HEYTENS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

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