Turley v. Delaney

District Court, E.D. North Carolina

Turley v. Delaney

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Case No. 5:20-cv-00397-M JAMES W. TURLEY, ) ) Plaintiff, ) ) v. ) ‘) ORDER SEAN DELANEY, DELANEY LAW ) FIRM, JAMES L. SEAY, JOE T. ) OSBORNE, JAMES A. OLIVER, and HLB_ ) HATCH LITTLE & BUNN L.L-P., ) ) Defendants. ) On August 19, 2020, Magistrate Judge Swank issued a memorandum and recommendation (the “M&R”). [DE-3] In the M&R, Judge Swank recommended that the court dismiss Plaintiff James Ww. Turley’s complaint without prejudice for failure to comply with a number of the court’s filing requirements [DE-3], which Judge Swank specifically directed Plaintiff to remedy via separate order on July 24, 2020 [DE-2], and which Plaintiff did not thereafter remedy. The deadline for Plaintiff to object to the M&R has passed, and Plaintiff has not filed any objections. The Fourth Circuit has said: The Federal Magistrates Act requires a district court to make a de novo determination of those portions of the magistrate judge’s report or specified proposed findings or recommendations to which objection is made. By contrast, in the absence of a timely filed objection, a district court need not conduct a de novo review, but instead must only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation. Diamond vy. Colonial Life & Accident Ins. Co.,

416 F.3d 310, 315

(4th Cir. 2005) (internal quotation marks, birackets, emphases, and citations omitted); see

28 U.S.C. § 636

(b)(1); Fed. R. Civ. P. 72.

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The court has reviewed the M&R and the record and is satisfied that there is no clear error reflected on the face thereof. Accordingly, the court. ADOPTS the M&R and DISMISSES Plaintiff's complaint without prejudice.

SO ORDERED this _/ fe day of Seoteus hu’. 2020.

apna (Vit 4 RICHARD E. MYERS II UNITED STATES DISTRICT JUDGE

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Reference

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