Hicks v. Kiser

District Court, E.D. North Carolina

Hicks v. Kiser

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:24-cv-00225-BO-RJ ) DENNIS-DeWAYNE HICKS, ) Plaintiff, ) ) V. ) ORDER ) JOSHUA KISER, SEAN WELHAN, ) NORTH CAROLINA HIGHWAY ) PATROL, THE STATE OF NORTH ) CAROLINA, NORTH CAROLINA ) DEPARTMENT OF MOTOR VEHICLES, ) and the AMERICAN ASSOCIATION OF _ ) MOTOR VEHICLE ADMINISTRATORS, ) Defendants. ) ) This matter comes before the Court on the memorandum and recommendation (““M&R”) of Magistrate Judge Robert Jones [DE 5]. The M&R recommends that Plaintiff's application to proceed in forma pauperis be allowed, and that his complaint be dismissed for frivolity [DE 5 at 8]. “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 & Accident Ins. Co.,

416 F.3d 310, 315

(4th Cir. 2005) (cleaned up) (emphasis omitted); see also

28 U.S.C. § 636

(b)(1); Fed R. Civ. P. 72(b)(3). A party’s objections must be made “with sufficient specificity so as reasonably to alert the district court of the true ground for the objection.” United States v. Midgette,

478 F.3d 616, 622

(4th Cir. 2007). “[W]hen reviewing pro se objections to a magistrate’s recommendation, district courts must review de novo any articulated grounds to which the litigant appears to take issue.” Elijah v. Dunbar,

66 F.4th 454, 460-61

(4th Cir. 2023). Where no specific objections have

been filed, the court reviews for clear error only. Dunlap v. TM Trucking of the Carolinas, LLC,

288 F. Supp. 3d 654, 662

(D.S.C. 2017). On clear error review, the court has no obligation to explain its reasoning for adopting the recommendation. Camby v. Davis,

718 F.2d 198, 200

(4th Cir. 1983). Objections to the M&R were due on July 12, 2024 [DE 5 at 8]. Plaintiff has filed no objections to the M&R, either before or after the passage of the deadline. Therefore, the Court is only required to review the filings and the M&R for clear error. The Court has done so, and found none. CONCLUSION Accordingly, the M&R [DE 5] is ADOPTED IN FULL. The Plaintiff's motion for leave to proceed in forma pauperis [DE 2] is GRANTED, and the complaint is DISMISSED for frivolity. The clerk is DIRECTED to close the case.

SO ORDERED, this 3 _ day of April 2025.

TE NCE"*W. BOYLE UNITED STATES DISTRICT JUDGE

Reference

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