Barbara Stephens, et al. v. Patrick Phiyaw, et al.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Case No. 5:24-C V-005 16-M-BM BARBARA STEPHENS, et al., ) Plaintiffs, Vv. ORDER PATRICK PHIYAW, et al., Defendants. ) oo) These matters come before the court on the Plaintiffs’ Motion for Default Judgment on a Sum Certain [DE 34] and Plaintiffs’ Motion to Enter Default Judgment on a Sum Certain [DE 40].

Pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b), United States Magistrate Judge Brian S. Meyers issued a memorandum and recommendation (“M&R”), recommending that this court deny these motions as moot, given the most recently filed Motion to Enter Default Judgment on a Sum Certain (DE 63), which appears to supersede the present motions and remains pending. See DE 69. Judge Meyers instructed the parties to file any written objections to the recommendation on or before February 19, 2025. /d. The Plaintiffs have filed documents in response to the M&R, but none objects to Judge Meyers’ recommendation concerning the present motions. See DE 70, 71, and 72. The matter is now ripe for consideration by this court.

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.” Jd. § 636(b)(1). Absent a specific and timely objection, 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 Plaintiffs’ Motions for Default Judgment [DE 34, 40] are DENIED AS MOOT.

SO ORDERED this (0 day of March, 2026.

RICHARD E. MYERS II CHIEF UNITED STATES DISTRICT JUDGE