Opinion

Brown v. Lenoir County Board of Elections

Court
District Court, E.D. North Carolina
Filed
Apr 26, 2021
Cited by
0 cases
Authority
More cited than 24.6%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

EASTERN DIVISION

NO. 4:20-CV-62-FL

LENTON CREDELLE BROWN, )

)

Plaintiff, )

)

v. )

)

LENOIR COUNTY BOARD OF )

ELECTIONS; NORTH CAROLINA ) ORDER

STATE BOARD OF ELECTIONS; )

AMANDA EUBANKS; and DAQUAN )

(Last Name Unspecified), )

)

Defendants. )

This matter is before the court for review of plaintiff’s pro se complaint (DE 5) pursuant

to 28 U.S.C. § 1915(e). United States Magistrate Judge Kimberly A. Swank entered memorandum

and recommendation (“M&R”), pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil

Procedure 72(b), wherein it is recommended that plaintiff’s complaint be dismissed. (DE 4).

Plaintiff did not file objections to the M&R, and the time within which to make any objection has

expired. In this posture, the issues raised are ripe for ruling.

Upon a careful review of the M&R, the court may “accept, reject, or modify, in whole or

in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1).

Because no objections have been filed, the court reviews the magistrate judge’s findings and

conclusions only for clear error, and need not give any explanation for adopting the M&R.

Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005); Camby v. Davis,

718 F.2d 198, 200 (4th Cir. 1983).

Here, the magistrate judge recommends dismissal of plaintiffs claims under 42 U.S.C. §§

1981 and 1983 for failure to allege facts stating a claim for relief. Upon careful review of the

M&R, the court finds the magistrate judge’s analysis to be thorough, and there is no clear error.

The court hereby ADOPTS the recommendation of the magistrate judge as its own. For the reasons

stated therein, plaintiff's complaint is DISMISSED WITHOUT PREJUDICE. The clerk of court

is DIRECTED to close the case.

SO ORDERED, this the 26th day of April, 2021.

United States 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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