PHILLIPS v. CITY OF CONCORD, 1:10CV947. (2013)
Court: District Court, E.D. North Carolina
Number: infdco20130603a27
Visitors: 11
Filed: May 30, 2013
Latest Update: May 30, 2013
Summary: ORDER JAMES A. BEATY, Jr., District Judge. This matter is before the Court on a Recommendation of the United States Magistrate Judge recommending that Defendant City of Concord's ("Defendant") Motion for Summary Judgment [Doc. #44] be granted. The Recommendation was filed on May 9, 2013, and notice was served on the parties pursuant to 28 U.S.C. 636(b). No objections were filed within the time limits prescribed by 636. In the absence of objections, this Court reviews the Recommendation onl
Summary: ORDER JAMES A. BEATY, Jr., District Judge. This matter is before the Court on a Recommendation of the United States Magistrate Judge recommending that Defendant City of Concord's ("Defendant") Motion for Summary Judgment [Doc. #44] be granted. The Recommendation was filed on May 9, 2013, and notice was served on the parties pursuant to 28 U.S.C. 636(b). No objections were filed within the time limits prescribed by 636. In the absence of objections, this Court reviews the Recommendation only..
More
ORDER
JAMES A. BEATY, Jr., District Judge.
This matter is before the Court on a Recommendation of the United States Magistrate Judge recommending that Defendant City of Concord's ("Defendant") Motion for Summary Judgment [Doc. #44] be granted. The Recommendation was filed on May 9, 2013, and notice was served on the parties pursuant to 28 U.S.C. § 636(b). No objections were filed within the time limits prescribed by § 636. In the absence of objections, this Court reviews the Recommendation only for clear error. See Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005); Fed. R. Civ. P. 72 advisory committee's note. The Court has appropriately reviewed the Recommendation. Having done so, the Court finds that no clear error exists and the Recommendation should be adopted. The Magistrate Judge's Recommendation [Doc. #52] is therefore affirmed and adopted for the reasons set forth therein.
IT IS THEREFORE ORDERED that Defendant's Motion for Summary Judgment [Doc. #44] is GRANTED, and this case is DISMISSED. A Judgment will be entered contemporaneously herewith.
Source: Leagle
