DALTON v. REID et al, No. 1:2013cv00352 - Document 18 (D. Me. 2014)

Court Description: ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE re 15 Report and Recommendations. Granting 11 Motion to Dismiss Case as Frivolous; By JUDGE NANCY TORRESEN. (dfr)

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UNITED STATES DISTRICT COURT DISTRICT OF MAINE ROBERTA RENEE DALTON, Plaintiff, v. LAURA LEE REID and ALEXANDRA V. SEYFRIT, Defendants, ) ) ) ) ) Docket no. 1:13-cv-00352-NT ) ) ) ) ) ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE On December 30, 2013, the United States Magistrate Judge filed with the Court her Recommended Decision. (ECF No. 15). On January 9, 2014, the Plaintiff filed a document which the Court treated as her Objection to the Recommended Decision (ECF No. 16). The Defendants filed their Response to the Plaintiff s Objection to the Recommended Decision on January 17, 2014. (ECF No. 19). I have reviewed and considered the Magistrate Judge's Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Magistrate Judge's Recommended Decision; and I concur with the recommendations set forth in her Recommended Decision. It is hereby ORDERED that the Plaintiff s action is DISMISSED WITH PREJUDICE. Further, I concur with the Magistrate Judge s recommendation that, given the number of actions the Plaintiff has filed against her sisters in this District without providing a basis for jurisdiction, a narrowly-tailored order enjoining the Plaintiff from filing any further actions in this District against Defendants Laura Lee Reid and Alexandra V. Seyfrit without prior leave of this Court is necessary. Cok v. Family Court of Rhode Island, 985 F.2d 32, 35 (1st Cir. 1993). As the Magistrate Judge notes, such an order requires notice and an opportunity to be heard. In this case, notice was provided to the Plaintiff by the Recommended Decision, and the Plaintiff had an opportunity to be heard in her Objection to the Recommended Decision. SO ORDERED. /s/ Nancy Torresen UNITED STATES DISTRICT JUDGE Dated this 23rd day of January, 2014. 2

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