Small v. Takeda Pharmaceuticals U.S.A. Inc.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Case No. 5:25-CV-00332-M TAUREAN SMALL, Plaintiff, v. ORDER TAKEDA PHARMACEUTICALS U.S.A., et al, Defendants.

Before the court are Plaintiffs motion for leave to proceed in forma pauperis and complaint. DE 1,4. Pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b), United States Magistrate Judge Robert T. Numbers, II, entered a memorandum and recommendation (“M&R”), allowing Plaintiff to proceed without paying a filing fee but recommending that this court dismiss Plaintiff's complaint for failing to state a viable claim. DE 6. 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.” fd. § 636(b)(1). Absent a specific and timely objection, the court reviews only for “clear ' Judge Numbers issued the M&R on August 4, 2025. Accordingly, objections were due on or before August 18, 2025. See 28 U.S.C. § 636(b)(1); FED. R. Civ. P. 72(b)(2); Local Civil Rule 72.4(b). The Plaintiff's motion and the M&R were submitted to this court for disposition on September 8, 2025. 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, Plaintiff's complaint, DE 1, is DISMISSED. The Clerk of Court is directed to close this case.

SO ORDERED this oi” day of September, 2025.

EV gues TE RICHARD E. MYERS II CHIEF UNITED STATES DISTRICT JUDGE