Opinion

Allen v. Brown

Court
District Court, E.D. North Carolina
Filed
Aug 9, 2022
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

WESTERN DIVISION

No. 5:22-CV-179-BO

DERRICK ALLEN SR., )

Plaintiff, ;

V. ) ORDER

ATTORNEY SCOTT BROWN, et al.,

Defendants.

This matter is before the Court on the memorandum and recommendation of United States

Magistrate Judge Robert T. Numbers, II. Plaintiff has failed to object to the memorandum and

recommendation (M&R) and the time for doing so has expired. For the reasons that follow, the

M&R is adopted and the complaint is dismissed.

Plaintiff's complaint alleges violations of his constitutional rights by counsel for his former

employer. The M&R recommends dismissal of plaintiff's complaint for failure to state a claim

upon which relief can be granted.

A district court is required to review de novo those portions of an M&R to which a party

timely files specific objections or where there is plain error. 28 U.S.C. § 636(b)(1); Thomas v. Arn,

474 U.S. 140, 149-50 (1985). “[I]n the absence of a timely filed objection, a district court need not

conduct de novo review, but instead must only satisfy itself that there is no clear error on the face

of the record in order to accept the recommendation.” Diamond v. Colonial Life & Acc. Ins. Co.,

416 F.3d 310, 315 (4th Cir. 2005) (internal quotation and citation omitted).

The Court is satisfied that there is no clear error on the face of the record and ADOPTS the

M&R [DE 8]. The Clerk of Court is DIRECTED to close the case.

ad

SO ORDERED, this day of August 2022.

Vecausstf cry

TERRENCE W. BOYLE

UNITED STATES DISTRICT KIDGE

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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