Emrit v. The Grammy Adwards on CBS
Emrit v. The Grammy Adwards on CBS
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Case No. 5:23-cv-00499-M RONALD SATISH EMRIT, ) Plaintiff, V. ORDER THE GRAMMY AWARDS ON CBS, Defendant.
This matter comes before the court on the Memorandum and Recommendation (“M&R”) of United States Magistrate Judge Robert B. Jones, Jr. [DE 3]. Pursuant to
28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b), Magistrate Judge Jones recommended that the court dismiss the complaint for failure to state a claim and improper venue. Plaintiff has not objected. 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.”
28 U.S.C. § 636(b)(1); accord Mathews v. Weber,
423 U.S. 261, 271(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, as here, the court reviews only for “clear error” and need not give any explanation for adopting the recommendation. Diamond v. 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, the complaint is DISMISSED without prejudice. SO ORDERED this _@ day of October, 2023.
Vu wees JIL RICHARD E. MYERS II CHIEF UNITED STATES DISTRICT JUDGE
Reference
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