Opinion

Beltran Bey v. Howell

Court
District Court, E.D. North Carolina
Filed
Oct 31, 2023
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. 5:23-CV-175-D

BROTHER BELTRAN BEY, )

Plaintiff,

□ v. ORDER

LOLO LOLITA BROWN HOWELL

and AUBREY BRIDGES, )

Defendants.

On April 4, 2023, Brother Beltran Bey (“Beltran Bey” or “plaintiff”), proceeding pro se, filed

a complaint against Lolo Lolita Brown Howell and Aubrey Bridges [D.E. 1]. On May 30, 2023,

Beltran Bey filed a corrected complaint [D.E. 4] and a motion to proceed in forma pauperis under

28 U.S.C. § 1915 [D.E. 7]. On June 1, 2023, pursuant to 28 U.S.C. § 636(b)(1), the court referred

the case to United States Magistrate Judge Kimberly A. Swank for a Memorandum and

Recommendation (“M&R”) and for a frivolity review [D.E. 8]. On October 3, 2023, Judge Swank

issued an M&R recommending that the court deny the motion to proceed in forma paurperis and that

the action be dismissed for failure to prosecute [D.E. 9].

“The Federal Magistrates Act requires a district court to make a de novo determination of

those portions of the magistrate judge’s report or specified proposed findings or recommendations

to which objection is made.” Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th

Cir. 2005) (cleaned up); see 28 U.S.C. § 636(b)(1). Absent a timely objection, “a district court need

not conduct a 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, 416 F.3d at 315 (quotation

omitted). If a party makes only general objections, de novo review is not required. See Wells v.

Shriners Hosp., 109 F.3d 198, 200 (4th Cir. 1997). In “order to preserve for appeal an issue in a

magistrate judge’s report, a party must object to the finding or recommendation on that issue with

sufficient specificity so as reasonably to alert the district court of the true ground for the obj ection.”

‘Martin v. Duffy, 858 F.3d 239, 245 (4th Cir. 2017) (quotation omitted); see United States v.

Midgette, 478 F.3d 616, 622 (4th Cir. 2007).

Beltran Bey did not object to the M&R. Therefore, the court reviews for clear error. See

Diamond, 416 F.3d at 315. The court has reviewed the M&R and the record. There is no clear error

on the face of the record. See id.

In sum, the court ADOPTS the conclusions in the M&R [D.E. 9] and DISMISSES WITH

PREJUDICE plaintiff's complaint for failure to prosecute. The-clerk shall close the case.

SO ORDERED. This 31 day of October, 2023.

—_— Hey

iss C. DEVER I

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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