Smithfield, N.C. — A judge on Friday dismissed a request for a restraining order against a probation officer.

Johnston County's judicial district manager, Joyce James, had filed the motion after, she claimed, Jeffrey Mackvick told a psychologist that he planned to kill her.

District Judge R. Dale Stubbs, however, dismissed the request, saying James offered no evidence that Mackvick was stalking her.

Mackvick's attorney, Walter Schmidlin, also made an oral motion in court, requesting another hearing on the matter this Friday. He says the action against Mackvick is frivolous, and he is asking that James pay Mackvick's legal fees.

Keith Acree, a spokesman for the North Carolina Department of Public Safety, said James supervises probation operations in Harnett, Johnston and Lee counties. Mackvick is a chief probation officer in Clayton.