IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Case No. 5:22-cv-00044-M AMY LOHRENZ, MAJOR MICHAEL LOHRENZ, MGL, MML, MML, and MML, Plaintiffs, V. ORDER BRAGG COMMUNITIES, LLC, CORVIAS MANAGEMENT-ARMY, LLC, and CORVIAS MILITARY LIVING, LLC, Defendants.

This matter comes before the court on Defendants’ motion to dismiss [DE 28]. Pursuant to

(b)(1) and Federal Rule of Civil Procedure 72(b), United States Magistrate Judge Robert T. Numbers, IT entered a memorandum and recommendation (““M&R”) [DE 53], recommending that the court grant in part and deny in part Defendant’s motion. To date, no objections have been filed. A magistrate judge’s recommendation carries no presumptive weight. The court “may accept, reject, or modify, in whole or in part, the . .. recommendation[ ] . . . receive further evidence or recommit the matter to the magistrate judge with instructions.”

(b)(1); accord Mathews v. Weber,

(1976). The court “shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is macle.”

§ 636(b)(1). Absentt a specific and timely objec:tion, the court reviews only for “cleair error” and need not give any explanation for adopting the recommendation. Diamond v. Colonial Life & Accident Ins. Co.,

(4th Cir. 2005).

Upon careful review of the M&R and the record presented, and finding no clear error, the court ADOPTS the recommendation of the magistrate judge as its own. For the reasons stated therein, Defendants’ motion to dismiss [DE 28] is GRANTED IN PART and DENIED IN PART. Plaintiffs are DIRECTED to file the second amended complaint attached to its motion and denominated as Exhibit 1 after omitting the word “proposed” from its title [DE 45-1].

SO ORDERED this ae _ day of April, 2023.

sieaes OS aa MW Yeavs =. RICHARD E. MYERS I CHIEF UNITED STATES DISTRICT JUDGE