IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA NORTHERN DIVISION No. 2:23-CV-41-BO-RJ

CHRISTINE AMBER ETHEREDGE, ) Plaintiff, ) V. 5 ORDER THE STATE OF NORTH CAROLINA, et al., ) . Defendants. )

This cause comes before the Court on the memorandum and recommendation of United States Magistrate Judge Robert Jones. [DE 15]. Plaintiff has failed to respond to the memorandum and recommendation (M&R). On September 29, 2023, Magistrate J udge Jones recommended that plaintiff's complaint be dismissed without prejudice for failure to state a claim upon which relief can be granted. . “The Federal Magistrates Act requires a district court to make a de novo determination of those portions of the magistrate judge’s report or specified proposed findings or recommendations to which objection is made.” Diamond v. Colonial Life & Acc. Ins. Co.,

(4th Cir. 2005) (emphasis, alteration, and quotation omitted); see 28 U.S.C. 636(b). Absent timely objection, “a district court need not conduct a de novo review, but instead must only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.” Diamond,

(quotation omitted). Here, despite being warned as to the consequences [DE 15], plaintiff made no objection to the M&R. Having considered the M&R and record, the Court is satisfied that there is no clear error on the face of the record and adopts the magistrate judge’s recommendation.

CONCLUSION For the foregoing reasons, the M&R is ADOPTED. Plaintiff's complaint [DE 1] and any amendments thereto [DE 6, 11] are hereby DISMISSED without prejudice. Plaintiff's motion to transfer case [DE 10] is DENIED AS MOOT. The clerk is DIRECTED to close this case.

SO ORDERED, this a q day of November 2023.

TERRENCE W. BOYLE UNITED STATES DISTRICT JUDGE