District Court, E.D. North Carolina, 2026

Robert Joseph Walker v. Ceness Luther Taylor, Teresa Bailey Bogdanow Taylor,...

Robert Joseph Walker v. Ceness Luther Taylor, Teresa Bailey Bogdanow Taylor,...
District Court, E.D. North Carolina · Decided March 11, 2026
Robert Joseph Walker v. Ceness Luther Taylor, Teresa Bailey Bogdanow Taylor,...

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:25-CV-411-BO-KS ROBERT JOSEPH WALKER ) ) Plaintiff, ) ) v. ) ) ORDER CENESS LUTHER TAYLOR, ) TERESA BAILEY BOGDANOW ) TAYLOR, and KATHRYN JOHNSTON _ ) TART, ) ) Defendants. ) This cause comes before the Court on the memorandum and recommendation (M&R) of United States Magistrate Judge Robert T. Numbers. [DE 23]. Magistrate Judge Numbers recommends defendant Kathryn Johnston Tart’s motion to dismiss for failure to state a claim [DE 19] be granted and plaintiff's motion for preliminary injunction [DE 11] be denied. No party has filed an objection to the M&R, and the time for doing so has expired.

“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). A party’s objections must be made “with sufficient specificity so as reaisonably to alert the district court of the true ground for the objection.” Unitea States v. Midgette, 478 F.3d 616, 622: (4th Cir. 2007). 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).

The Court has reviewed the M&R for clear error and finds none. Accordingly, the M&R [DE 23] is ADOPTED in full. Defendant Kathryn Johnston Tart’s motion to dismiss for failure to state a claim [DE 19] is GRANTED and plaintiff's motion for preliminary injunction [DE 11] is DENIED.

SO ORDERED, this 4 0 day of March 2026.

TERRENCE W. BOYLE UNITED STATES DISTRICT JUBGE

Case-law data current through December 31, 2025. Source: CourtListener bulk data.