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Garcia v. Segovia, 1:17-cv-00239-MR-DLH. (2017)

Court: District Court, W.D. North Carolina Number: infdco20180102903 Visitors: 3
Filed: Dec. 29, 2017
Latest Update: Dec. 29, 2017
Summary: ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court on the Respondents' Motion to Dismiss [Doc. 8] and the Magistrate Judge's Memorandum and Recommendation [Doc. 21] regarding the disposition of that motion. Pursuant to 28 U.S.C. 636(b) and the standing Orders of Designation of this Court, the Honorable Dennis L. Howell, United States Magistrate Judge, was designated to consider the Respondents' motion and to submit a recommendation for its disposition. On Novemb
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ORDER

THIS MATTER is before the Court on the Respondents' Motion to Dismiss [Doc. 8] and the Magistrate Judge's Memorandum and Recommendation [Doc. 21] regarding the disposition of that motion.

Pursuant to 28 U.S.C. § 636(b) and the standing Orders of Designation of this Court, the Honorable Dennis L. Howell, United States Magistrate Judge, was designated to consider the Respondents' motion and to submit a recommendation for its disposition.

On November 22, 2017, the Magistrate Judge filed a Memorandum and Recommendation in this case containing conclusions of law in support of a recommendation regarding the Respondents' motion. [Doc. 21]. The parties were advised that any objections to the Magistrate Judge's Memorandum and Recommendation were to be filed in writing within fourteen (14) days of service. The period within which to file objections has expired, and no written objections to the Memorandum and Recommendation have been filed.

After a careful review of the Magistrate Judge's Recommendation, the Court finds that the proposed conclusions of law are consistent with current case law. Accordingly, the Court hereby accepts the Magistrate Judge's recommendation that the Respondents' Motion to Dismiss should be granted and this case should be dismissed without prejudice.

IT IS, THEREFORE, ORDERED that the Memorandum and Recommendation [Doc. 21] is ACCEPTED; the Respondents' Motion to Dismiss [Doc. 8] is GRANTED; and this case is DISMISSED WITHOUT PREJUDICE.

IT IS SO ORDERED.

Source:  Leagle

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