IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DjiSTRICT OF NORTH CAROLINA WESTERN DIVISION Case No. 5:22-cv-00440-M-RN JULIO CESAR CASTELLANOS, ) ) Plaintiff, ) ) ) ) ORDER UNITED STATES OF AMERICA, et al., ) ) Defendants. ) a) This matter comes before the court on Defendant’s motion to dismiss [DE 21]. Pursuant to

(b)(1) and Federal Rule of Civil Procedure 72(b), United States Magistrate Judge Robert T. Numbers, II entered a memorandum and recommendation (““M&R”) [DE 27], recommending that the court grant 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 made.” Jd. § 636(b)(1). Absent a specific and timely objection, the court reviews only for “clear 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, Defendant’s motion to dismiss [DE 21] is GRANTED.

SO ORDERED this 7} day of June, 2023.

eaten (yA) i /V) yes RICHARD E. MYERS II CHIEF UNITED STATES DISTRICT JUDGE