Hill v. Jones
Hill v. Jones
Trial Court Opinion
THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION No. 4:22-CV-00044-BO-RN
MICHAEL WAYNE HILL ) Plaintiff, ) ORDER CODY JONES, et al., Defendants.
This matter is before the Court on the memorandum and recommendation (M&R) of United States Magistrate Judge Robert T. Numbers, II. The M&R recommends dismissal of plaintiff's case for failure to state a claim upon which relief can be granted. Specifically, the M&R explains that the statute of limitations bars Hill’s complaint. Hill filed an averment, which this Court interprets as an objection to the M&R. However, Hill’s objection does not respond to the statute of limitations argument. Absent a specific and timely objection to an M&R, the Court “must only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.” Diamond v. Colonial Life & Acc. Ins. Co.,
416 F.3d 310, 315(4th Cir. 2005) (quotations omitted). The Court is satisfied that there is no clear error on the face of the record and ADOPTS the M&R [DE 7]. The complaint [DE 1] is DISMISSED, and the motions to proceed in forma pauperis [DE 6] are DISMISSED AS MOOT. The clerk is DIRECTED to close the case. SO ORDERED, this ft day of March, 2023.
UNITED STATES DISTRICT JUDGE
Reference
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