Turley v. Delaney
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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