Dunn Jr. v. Patterson

District Court, E.D. North Carolina

Dunn Jr. v. Patterson

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA □ . WESTERN DIVISION . Case No. 5:22-CV-00532-M ROSE MARIE EDWARDS BAKER R ) DUNN JR., )

Plaintiff, ) ) ORDER V. ) . ) FLOYD J. PATTERSON, ) yo Defendant. )

Before the court is Magistrate Judge Robert B. Jones, Jr.’s Order and Memorandum and Recommendation. DE 9. Pursuant to

28 U.S.C. § 636

(b)(1) and Federal Rule of Civil Procedure

72(b), United States Magistrate Judge Jones entered.a memorandum and recommendation . (“M&R”), recommending that the court dismiss Plaintiffs Complaint as frivolous under 28 U.S.C.

1915(e)(2)(B).

Id.

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| }. . .teceive further evidence _ or recomniit 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 which objection is made.” Jd. Absent a specific and timely objection, the court reviews only for “clear error” and need not give any explanation for adopting

a Judge Jones issued the M&R on March 6, 2023. Objections were due to be filed on or before March 20, 2023. DE 9. After an order extending Plaintiff's time to file objections to the M&R [DE 15], the parties’ motions and M&R were submitted to this court for disposition on June 28, 2023.

the recommendation. Diamond v. Colonial Life & Accident Ins. Co.,

416 F.3d 310, 315

(4th □□□□ (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. The Clerk of Court is directed to close this case. _

SO ORDERED this _ day of July, 2023.

OBL E Mace | -RICHARDE.MYERSII . CHIEF UNITED STATES DISTRICT JUDGE

Reference

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