Williams v. Pitt County Board of Education

District Court, E.D. North Carolina

Williams v. Pitt County Board of Education

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION No. 4:18-—CV—32-BR HENRY WILLIAMS, II, ) Plaintiff, } ORDER PITT COUNTY BOARD OF EDUCATION, ) Defendant. oo)

This matter is before the court on Magistrate Judge Robert B. Jones, Jr.’s Memorandum and Recommendation (“M&R”) recommending the court grant defendant’s motion to dismiss for plaintiff's failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). (DE # 43.) Plaintiff did not file an objection thereto. “The Court is not required to review, under a de novo or any other standard, the factual or legal conclusion of the magistrate judge to which no objections have been raised.” Clark v. Harrah’s NC Casino Co., LLC, No. 1:17—CV—00240-MR-DLH,

2018 WL 4664136

, at *1 (W.D.N.C. Sept. 28, 2018) (citing Thomas v. Am,

474 U.S. 140, 150

(1985) (“There is no indication that Congress, in enacting § 636(b)(1)(C), intended to require a district judge to review a magistrate’s report to which no objections are filed.”)). Accordingly, the court ADOPTS the M&R as its own. Defendant’s motion to dismiss is ALLOWED. Plaintiff's complaint is DISMISSED. The Clerk is DIRECTED to close the case. This 23 March 2020. Lil Lia W. Earl Britt Senior U.S. District Judge

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