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Butler v. Ballard

United States District Court, E.D. North Carolina, Northern Division

August 1, 2017

TERRY LYNN BUTLER, Plaintiff,
v.
MARGARET ANN BALLARD, Defendant.

          ORDER

          W. Earl Britt Senior U.S. District Judge.

         This matter is before the court on defendant Margaret Ann Ballard's 25 October 2016 motion to dismiss. (DE # 27.) On 3 November 2016, plaintiff filed a response entitled “Declaration In Support of Opposition to Motion [to] Dismiss, ” in which he requests the court grant him leave to amend his complaint. (DE # 36.) Defendant did not file a reply brief, and the time within which to do so has expired. This matter is therefore ripe for disposition.

         I. BACKGROUND

         On 16 August 2016, plaintiff brought this pro se action asserting a claim against defendant for “trespass [theft].” (DE # 1.) Plaintiff's complaint alleges that defendant is a “wrongdoer” who committed a “trespass[theft] of [his] property.” (Id. at 1.) Plaintiff further claims “the commencement of the wrong and harm began on 02 January 2016, ” and continues to this day. (Id.) The complaint identifies defendant as a citizen of North Carolina, and states that plaintiff “reside[s] outside of North Carolina.” (Id.) Plaintiff prays for damages in the amount of $168, 000. (Id.)

         On 6 September 2016, plaintiff filed an additional document entitled, “notice(s), ” setting forth definitions of a number of terms used in his complaint, including:

• action: “a process where aggrieved party moves a court asserting wrong as grow out of contracts”;
• property: “propriety, ownership, special character (one's own private property)”;
• trespass: “transgression, infringe, violate, [enter] unlawfully”;
• wrong: “twisted, crooked, that which is improper, negative of right”;
• wrongdoer: “[wo]man who twists, violates, infringes, transgress(s) right(s)” (wrongdoer v. defendant)[.]

(DE # 7, at 1.) Plaintiff filed an additional “notice” on 11 October 2016. (DE # 22.) This notice defines a “private right of action” as “[a] challenge, of property or ownership of a thing which is wrongfully withheld from the possession of the claimant.” (Id at 1.) The document also states that “[a] claim is a right or title, actual or supposed, to a debt, privilege, or other thing in the possession of another; not the possession, but the means, by or through which the claimant obtains the possession or enjoyment.” (Id.)

         Additionally, on 14 October 2016, plaintiff filed a document entitled “Amend (ORDER), ” which appears to serve as a proposed amended complaint. (DE # 24.) Thereafter, on 25 October 2016, defendant filed the instant motion to dismiss plaintiffs complaint. (DE # 27.)

         II. DISCUSSION

         A. ...


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