Hill v. Time Cap Lab

District Court, E.D. North Carolina

Hill v. Time Cap Lab

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION

NO. 5:21-CV-40-FL

LARRY D. HILL, JR., ) ) Plaintiff, ) ) v. ) ) ORDER TIME CAP LAB and IRENE L. ) MCGREGOR, ) ) Defendants. )

This matter is before the court for review of plaintiff’s pro se complaint pursuant to

28 U.S.C. § 1915

(e). United States Magistrate Judge Robert B. Jones, Jr., entered memorandum and recommendation (“M&R”) pursuant to

28 U.S.C. § 636

(b)(1) and Federal Rule of Civil Procedure 72(b), wherein it is recommended that plaintiff’s complaint be dismissed. Plaintiff did not file objections to the M&R. Upon review of the M&R, the court may “accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.”

28 U.S.C. § 636

(b)(1). Because no objections have been filed, the court reviews the magistrate judge’s findings and conclusions only for clear error, and need not give any explanation for adopting the M&R. Diamond v. Colonial Life & Acc. Ins. Co.,

416 F.3d 310, 315

(4th Cir. 2005); Camby v. Davis,

718 F.2d 198, 200

(4th Cir. 1983). Here, the magistrate judge recommends dismissal of plaintiff’s complaint for failure to state a claim. Upon careful review of the M&R and of the record generally, having found no clear error, the court hereby ADOPTS the recommendation of the magistrate judge as its own. This matter is DISMISSED WITHOUT PREJUDICE for failure to state a claim. The clerk is DIRECTED to close the case. SO ORDERED, this the 23rd day of March, 2021.

CG Kae W. FLANASAN United States District Judge

Reference

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