IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION CASE NO. 5:21-CV-00050-M

TOMMY LEE STEVENS, ) □ Plaintiffs, ) v. ) ORDER THE UNITED STATES OF AMERICA, Defendants. ) )

This matter is before the court on the Memorandum and Recommendation (hereinafter “M&R”) of United States Magistrate Judge Brian S. Meyers [DE-11] to dismiss Plaintiff's Complaint and certain ‘non-dispositive motions as frivolous. Plaintiffs did not file objections to the M&R. The matter is ripe for ruling.

“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.” Diamond v. Colonial Life & Accident Ins. Co.,

(4th Cir. 2005) (emphasis, alteration, and quotations omitted); see

(b). Absent. timely 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,

(citation and quotations omitted). The court has reviewed the M&R and the record in this case and is satisfied that there is no clear error on the face of the record. Accordingly, the court ADOPTS the M&R [DE-11] and for the reasons state therein ORDERS as follows: 1. Plaintiffs Complaint be DISMISSED;

2. Plaintiffs motion for change of venue [DE-9] be DISMISSED;

3. Plaintiff's motion for relief from spoliation of evidence [DE-10] be DISMISSED;

SO ORDERED this the □□ of March, 2022.

“bed EV gars . RICHARD E. MYERS II CHIEF UNITED STATES DISTRICT JUDGE

.