Stokes v. Madina

District Court, E.D. North Carolina

Stokes v. Madina

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION a Case No. 5:23-CV-00093-M EDWARD STOKES, yo. Plaintiff, □□ ORDER E. MADINA, STEVEN DOLLINGER, and 5 <A. TEW, □ ). Defendants. . This matter is before the court on Magistrate Judge, Robert B. Jones, Jr.’s Order and Memorandum and Recommendation. DE 8. Pursuant to

28 U.S.C. § 636

(b)(1) and Federal Rule of Civil Procedure 72(b), United States Magistrate Judge Robert B. Jones, Jr. entered a memorandum and recommendation (“M&R”), recommending that the court dismiss Plaintiff's Complaint as frivolous pursuant to 28 USC. § 1915(e)(2)(B). DE 8. To date, no objections have been filed.! .

A magistrate judge’s recommendation carries no presumptive weight. The court □□□□ accept, rej = or modify, in whole or in part, the . Pcom mension ]... receive further evidence or recommit the matter to the magistrate judge with instructions.”

28 U.S.C. § 636

(b)(1). The court “shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to ween objection is made.”

Id.

ree a specific and timely objection, the court reviews only for “clear error” and need not give any explanation for adopting —_

1 Judge Jones issued the M&R on June 5, 2023. Accordingly, objections were due on or before June 19, 2023. See DE 8. The parties’ motions and M&R were submitted to this court for disposition, on June 28, 2023.

recommendation. Diamond vy. Colonial Life & Accident Ins. Co.,

416 F.3d 310, 315

(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, Plaintiff's Complaint is DISMISSED without prejudice. The Clerk of Court is directed to close this case. . .

SO ORDERED this. & day of July, 2023. .

a RICHARD E. MYERS II- CHIEF UNITED STATES DISTRICT JUDGE

Reference

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