Lemons v. Taylor, 5:15-CT-3234-D. (2018)
Court: District Court, E.D. North Carolina
Number: infdco20180801d08
Visitors: 8
Filed: Jul. 31, 2018
Latest Update: Jul. 31, 2018
Summary: ORDER JAMES C. DEVER, III , District Judge . On June 8, 2018, Magistrate Judge Numbers issued a Memorandum and Recommendation ("M&R") [D.E. 70], and recommended that the court grant defendants' motion for summary judgment [D.E. 50, 58] and dismiss Christopher Lemons's 42 U.S.C. 1983 complaint. No party objected to the M&R. "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 finding
Summary: ORDER JAMES C. DEVER, III , District Judge . On June 8, 2018, Magistrate Judge Numbers issued a Memorandum and Recommendation ("M&R") [D.E. 70], and recommended that the court grant defendants' motion for summary judgment [D.E. 50, 58] and dismiss Christopher Lemons's 42 U.S.C. 1983 complaint. No party objected to the M&R. "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..
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ORDER
JAMES C. DEVER, III, District Judge.
On June 8, 2018, Magistrate Judge Numbers issued a Memorandum and Recommendation ("M&R") [D.E. 70], and recommended that the court grant defendants' motion for summary judgment [D.E. 50, 58] and dismiss Christopher Lemons's 42 U.S.C. § 1983 complaint. No party objected to the M&R.
"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) (emphasis, alteration, and quotation omitted); see 28 U.S.C. § 636(b). Absent a timely objection, "a district court need not conduct a de novo review, but instead must only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation." Diamond, 416 F.3d at 315 (quotation omitted). The court has reviewed the M&R and the record. The court is satisfied that there is no clear error on the face of the record. Accordingly, the court adopts the conclusions in the M&R [D.E. 70].
In sum, the court adopts the conclusions in the M&R [DE. 70]. Defendants' motions for summary judgment [D.E. 50, 58] are GRANTED and Lemons's complaint is DISMISSED. The clerk shall close the case.
SO ORDERED.
Source: Leagle
