IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Case No. 5:24-cv-59-M-RN MICHAEL SCOTT DAVIS, ) Plaintiff, V. ORDER WAKE COUNTY, NORTH CAROLINA, Defendant. es) This matter comes before the court on the Order and Memorandum and Recommendation of Magistrate Judge Robert T. Numbers, II [DE 8]. Pursuant to

(b)(1) and Federal Rule of Civil Procedure 72(b), Judge Numbers recommends that this court dismiss this matter without prejudice. 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, 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.,

(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 court DISMISSES the complaint for failing to state a claim and lack of subject matter jurisdiction.

SO ORDERED this _! day of June, 2024.

oi éyV = RICHARD LE. MYERS I CHIEF UNITED STATES DISTRICT JUDGE