King v. United States of America

District Court, E.D. North Carolina

King v. United States of America

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:20–CV–146–BR

REGINALD MARLON KING and ) NAA’ELL SADDIQ MALIK BEY, ) ) Plaintiffs, ) ) v. ) ORDER ) UNITED STATES OF AMERICA, et al., ) ) Defendants. ) ____________________________________)

This matter is before the court on Magistrate Judge Robert B. Jones’ Memorandum and Recommendation (“M&R”) recommending that plaintiff King’s application to proceed in forma pauperis be allowed and that the complaint be dismissed under

28 U.S.C. § 1915

(e)(2)(B). (DE # 4.) 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. Arn,

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. The application to proceed in forma pauperis is ALLOWED. The complaint is DISMISSED WITHOUT PREJUDICE. The Clerk is DIRECTED to close the case. This 27 May 2020.

W. Earl Britt Senior U.S. District Judge

Reference

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