State of North Carolina, Martin County v. Everette
State of North Carolina, Martin County v. Everette
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION No. 4:23-CV-51-BO-RN THE STATE OF NORTH CAROLINA, ) Plaintiff, v. ORDER THOMAS EVERETT, JR., Defendant.
This cause comes before the Court on the memorandum and recommendation (M&R) of United States Magistrate Judge Robert Numbers, II. [DE 7]. In February 2018, the state of North Carolina charged Thomas Everette Jr. with three counts of Obtaining Property By False Pretense. [DE 1-1] Everette removed those cases to this federal Court and motioned to proceed in forma pauperis. [DE 1]. The M&R recommended this Court grant plaintiffs application to proceed in forma pauperis but remand the matter to the North Carolina Superior Court. [DE 7]. Everette filed a timely objection that can be quoted in full: “I Thomas Everette Jr. here by [sic] object to the recommendation and the memorandum by the United States Magistrate Judge.” [DE 8]. A district court must review de novo those portions of an M&R to which a party timely files specific objections or where there is plain error.
28 U.S.C. § 636(b)(1); Thomas v. Arn,
474 U.S. 140, 149-50(1985). But this Court need not conduct a de novo review for “general and conclusory objections that do not direct the court to a specific error in the magistrate’s proposed findings and recommendations.” Orpiano v. Johnson,
687 F.2d 44, 47(4th Cir. 1982). Everette failed to make a specific objection to the M&R, so this 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) (internal quotation and citation omitted). The Court has reviewed M&R and finds no clear error. Accordingly, the Court ADOPTS the M&R in its entirety. For the foregoing reasons, the memorandum and recommendation [DE 7] is ADOPTED. Everette’s motion to proceed in forma pauperis [DE 3] is GRANTED, but the Clerk is DIRECTED to remand his state criminal cases back to North Carolina Superior Court. SO ORDERED, this □□ day of June, 2023
Sees UA Boy’ TERRENCE W. BOYLE UNITED STATES DISTRICT JUDGE
Reference
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