# Lewis v. Murphy-Brown, LLC

> District Court, E.D. North Carolina · October 25, 2019

URL: https://www.frixlaw.com/law-library/cases/10250761

## Case

- **Court:** District Court, E.D. North Carolina
- **Decided:** October 25, 2019
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10250761

## Opinion text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10250761. Public record. Not legal advice.