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McLean v. Berryhill, 3:17CV179-GCM-DCK. (2018)

Court: District Court, W.D. North Carolina Number: infdco20180329e17 Visitors: 13
Filed: Mar. 28, 2018
Latest Update: Mar. 28, 2018
Summary: ORDER GRAHAM C. MULLEN , District Judge . THIS MATTER is before the Court upon the Memorandum and Recommendation of United States Magistrate David C. Keesler, filed November 6, 2017. (Doc. No. 14). The parties were advised that pursuant to 28 U.S.C. 636(b)(1)(C), written objections to the Memorandum and Recommendation must be filed within 14 days after service of the memorandum. It appears to the Court that the parties have not filed any such objections. After an independent and thoroug
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ORDER

THIS MATTER is before the Court upon the Memorandum and Recommendation of United States Magistrate David C. Keesler, filed November 6, 2017. (Doc. No. 14). The parties were advised that pursuant to 28 U.S.C. § 636(b)(1)(C), written objections to the Memorandum and Recommendation must be filed within 14 days after service of the memorandum. It appears to the Court that the parties have not filed any such objections.

After an independent and thorough review of the magistrate's memorandum, the Court concludes that there is no clear error on the face of the record and that the recommendation to deny Plaintiff's Motion for Summary Judgment without prejudice is correct and in accordance with law. See Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005). Accordingly, the findings and conclusions of the magistrate are accepted, and Plaintiff's Motion for Summary Judgment is denied without prejudice.

IT IS THEREFORE ORDERED that the Memorandum and Recommendation of the magistrate is hereby AFFIRMED.

Source:  Leagle

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