Opinion

Lewis v. Murphy-Brown, LLC

Court
District Court, E.D. North Carolina
Filed
Oct 25, 2019
Cited by
0 cases
Authority
More cited than 24.6%

“There is no indication that Congress, in enacting § 636(b)(1)(C), intended to require a district judge to review a magistrate’s report to which no objections are filed.”

How later courts described this case

  • “There is no indication that Congress, in enacting § 636(b)(1)(C), intended to require a district judge to review a magistrate’s report to which no objections are filed.”

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

WESTERN DIVISION

No. 7:19–CV–127–BR

PAUL ARNOLD LEWIS, )

)

Plaintiff, )

)

v. ) ORDER

)

MURPHY-BROWN, LLC, )

)

Defendants. )

____________________________________)

This matter is before the court on Magistrate Judge Robert B. Jones, Jr.’s Memorandum

and Recommendation (“M&R”) recommending the dismissal of plaintiff’s claim pursuant to 42

U.S.C. § 1983 and that plaintiff be allowed to proceed on his common law claims for nuisance

and negligence. (DE # 7.) Plaintiff did not file an objection thereto.

“The Court is not required to review, under a de novo or any other standard, the factual or

legal conclusion of the magistrate judge to which no objections have been raised.” Clark v.

Harrah’s NC Casino Co., LLC, No. 1:17–CV–00240–MR–DLH, 2018 WL 4664136, at *1

(W.D.N.C. Sept. 28, 2018) (citing Thomas v. Arn, 474 U.S. 140, 150 (1985) (“There is no

indication that Congress, in enacting § 636(b)(1)(C), intended to require a district judge to

review a magistrate’s report to which no objections are filed.”)). Accordingly, the court

ADOPTS the M&R as its own. Plaintiff’s § 1983 claim is DISMISSED. The Clerk is

DIRECTED to send plaintiff a blank summons. Within 30 days, plaintiff shall complete the

summons and return it to the Clerk for issuance. The United States Marshals Service is

DIRECTED to serve the summons with a copy of the complaint on defendant.

This 24 October 2019.

ae

Ent LS

W. Earl Britt

Senior U.S. District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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