Nobriga v. La Kumbala Lounge & Restaurant, Inc.

District Court, E.D. North Carolina

Nobriga v. La Kumbala Lounge & Restaurant, Inc.

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION Case No. 7:23-cv-5-M-RN ALYSSA NOBRIGA, et al., ) Plaintiffs, V. ORDER LA KUMBALA LOUNGE & RESTAURANT, INC., et al., ) Defendants. yee) This matter comes before the court on the Memorandum and Recommendation of Magistrate Judge Robert T. Numbers, II [DE 49]. Pursuant to

28 U.S.C. § 636

(b)(1) and Federal Rule of Civil Procedure 72(b), Judge Numbers recommends that this court grant Plaintiffs’ motion for default judgment [DE 33]. 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.”

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.”

Id.

§ 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 court GRANTS the motion for default judgment [DE 33]. The court will issue a judgment in conformance with this order.

SO ORDERED this day of June, 2024.

oe é OA. UY RICHARD E. MYERS i CHIEF UNITED STATES DISTRICT JUDGE

Reference

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