IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION No. 7:21-CV-98-BO

CARLOS A. ALFORD, ) Plaintiff, V. ORDER DENIS MCDONOUGH, Secretary of Veterans Affairs ) Defendant.

This cause comes before the Court on corrected memorandum and recommendation! (M&R) of United States Magistrate Judge Robert T. Numbers, IJ. No response or objection to the M&R has been filed, and the time for doing so has expired. The M&R is ripe for review. Plaintiff initiated this action by filing a complaint in the Eastern District of North Carolina, alleging that he was entitled to wages at $15/hour instead of $7/hour for his contract work with the Department of Veterans Affairs. Magistrate Judge Numbers subsequently filed the instant M&R recommending that plaintiffs motion for leave to proceed in forma pauperis be granted and that the complaint be dismissed for failure to state a claim upon which relief can be granted. A district court is required to review de novo those portions of an M&R to which a party timely files specific objections or where there is plain error.

(b)(1); Thomas v. Arn,

(1985). “[I]n the absence of a timely filed objection, a district court need not conduct de novo review, but instead must only satisfy itself that there is no clear error on the face

| This order addresses the corrected M&R [DE 6]. The Clerk is therefore DIRECTED to terminate as pending the original M&R [DE 5].

of the record in order to accept the recommendation.” Diamond v. Colonial Life & Acc. Ins. Co.,

(4th Cir. 2005) (internal quotation and citation omitted). The Court is satisfied that there is no clear error on the face of the record and ADOPTS the M&R [DE 6]. Plaintiff's motion for leave to proceed in forma pauperis [DE 1] is GRANTED. Plaintiffs complaint [DE 7] is DISMISSED for failure to state a claim. The Clerk is DIRECTED to close the case.

SO ORDERED, this J day of October, 2021.

JE W. BOYLE / UNITED STATES DISTRICT FUDGE