IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION No. 7:23-CV-1048-BO-KS

CHARLES LESTER AMMONS and ) JUVENILE Z.A. ) Plaintiffs, ) ) . v. ) ORDER ) JODIE MCCALL, et al., ) Defendants. )

This cause comes before the Court on the memorandum and recommendation of United States Magistrate Judge Kimberly Swank. [DE 8]. Plaintiffs have failed to respond to the memorandum and recommendation (M&R). On August 3, 2023, Magistrate Judge Swank recommended that plaintiffs’ particularized complaint [DE 7] be dismissed for lack of subject matter jurisdiction and 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, plaintiffs 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. Plaintiffs complaint [DE 7] is hereby DISMISSED and the clerk is DIRECTED to close this case.

SO ORDERED, this Ww day of September 2023.

Ya W. BOYLE ] UNITED STATES DISTRICT JUDGE