Ford v. US Government

District Court, E.D. North Carolina

Ford v. US Government

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION CASE NO. 5:22-CV-00156-M SARAH FORD, ) - □

Plaintiff, 5

. ) ORDER ) ) US GOVERNMENT, et al., ) . □□ Defendants.

This matter is before the court on a Memorandum and Recommendation (hereinafter “M&R”) of United States Magistrate Judge Robert T. Numbers dated May 4, 2022 [DE 4] and a M&R dated November '28, 2022 [DE 12] to dismiss Plaintiff's Complaint [DE 1-1, DE 5] and Motion to Amend Complaint [DE 10]. Plaintifis 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 recommendatiotis to which

objection is made.” Diamond v. Colonial Life & Accident Ins. Co.,

416 F.3d 310, 315

(4th Cit. 2005) : (emphasis, alteration, paclancitions omitted); see

28 U.S.C. § 636

(b). : ‘Absent timely objection, “a district pote need not conduct a de novo review, but instead must only satisfy itself that there is nio clear

_ error on the face of the record in order to accept the recommendation.” Diamond, 416 F.3d □ 315- (citation and quotations omitted). . . The court has reviewed the M&Rs and the record in this case and is satisfied that there is no clear @rror on the face of the record. Accordingly, the court ADOPTS the M&R IDE 12] and for the reasons stated therein ORDERS as follows: □

|. 1. Plaintif's Motion to Amiend Complaint [DE 10] is DENIED; □ Plaintiff's Complaint [DE 1-1, DE 5] is DISMISSED without prejudice,

□□ ORDERED this_ □□□ day of December, 2022. □□

oo Cm deeel EV \ ays | RICHARD E.MYERSH eS en CHIEF UNITED STATES DISTRICT JUDGE

. | .

Reference

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