North Carolina v. Dawn Lynette Mangum

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:25-CV-96-BO-KS NORTH CAROLINA ) Plaintiff, V. ORDER DAWN LYNETTE MANGUM Defendant.

This pro se cause comes before the Court on the memorandum and recommendation (M&R) of United States Magistrate Judge Kimberly Swank. [DE 7]. The M&R recommends defendant’s notice of removal be stricken for lack of subject matter jurisdiction, defendant’s application to proceed in forma pauperis be denied as moot, and the matter be remanded to the North Carolina General Court of Justice, Wake County Superior Court Division. [DE 7] 3. 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 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). 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 7] is ADOPTED in full. Defendant Dawn Lynette Mangum’s notice of removal [DE 1] is STRICKEN and the matter is REMANDED to the North Carolina General Court of Justice, Wake County Superior Court. Defendant’s application to proceed in forma pauperis [DE 3] is DISMISSED as MOOT. The Clerk is DIRECTED to close the case.

SO ORDERED, this) day of April, 2026.

UNITED STATES DISTRICT JUDGE