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Warren v. McGeough

United States District Court, M.D. North Carolina

April 24, 2015

TINIKA WARREN, Plaintiff,
v.
LETITIA McGEOUGH, SUSAN BRAY, and GARY SCALES Defendants.

MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

JOE. L. WEBSTER, Magistrate Judge.

This matter is before the Court on Defendant Letitia McGeough's motion to dismiss the complaint. (Docket Entry 13.) The motion has been briefed by Defendant and the matter is ripe for disposition. For the reasons that follow, the undersigned recommends that Defendant's motion be granted, and that this action be dismissed.

I. FACTUAL AND PROCEDURAL BACKGROUND

On December 23, 2013, Plaintiff Tinika Warren filed her complaint in this Court against Letitia McGeough, Gary Scales, and Judge Susan Bray, alleging violations of her civil rights pursuant to various federal statutes, seeking damages in the amount of $1, 000, 000. ( See Compl., Docket Entry 2.)

According to the complaint and attachments thereto, this action arises from state district court proceedings involving Plaintiff, specifically child support and custody proceedings, and a domestic violence protective order proceeding, or "50B" proceeding. It appears undisputed that Defendant McGeough, [1] an attorney at Legal Aid of North Carolina, represented Defendant Scales' and Plaintiffs minor son in the state court proceedings. ( See Def.'s Mem. at 1, Docket Entry 14.)

Plaintiff alleges that Defendant:

1) Violated my parental rights, ignored me when I told her that I am the only one that has rights to make legal decisions for my minor child (15) yr old [minor son's name].
2) The lawyer gave "false statements" to the court to obtain an illegal 50B. And harassed me inside the courthouse in the Clerk's office by chasing me around saying I'm a take your son.
3) Defamation of character: In her court documents she put me as the plaintiff for a "custody motion" that she submitted.
4) Worked outside her jurisdiction.
5) Misconduct.
6) Deprived me of my rights as a "legal parent."
7) These actions cause stress to me & [second minor child's name] and our relationships ...

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