# Gray v. Charlotte Secondary School Inc.

> District Court, W.D. North Carolina · May 30, 2024

URL: https://www.frixlaw.com/law-library/cases/10261117

## Case

- **Court:** District Court, W.D. North Carolina
- **Decided:** May 30, 2024
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:23-cv-00347-RJC-DCK

MARKAYLE GRAY, )
)
Plaintiff, )
)
v. )
) ORDER
CHARLOTTE SECONDARY SCHOOL )
INC., and BOARD OF DIRECTORS OF )
CHARLOTTE SECONDARY SCHOOL )
INC., )
)
Defendants. )
)

THIS MATTER is before the Court on Defendant Board of Directors of
Charlotte Secondary School Inc.’s Motion to Dismiss, (Doc. No. 14), and the
Magistrate Judge’s Memorandum and Recommendation (“M&R”), (Doc. No. 24),
recommending that this Court deny Defendant’s motion. The parties have not filed
objections to the M&R, and the time for doing so has expired. Fed. R. Civ. P. 72(b)(2).
I. BACKGROUND
No party has objected to the Magistrate Judge’s statement of the factual and
procedural background of this case. Therefore, the Court adopts the facts as set forth
in the M&R.
II. STANDARD OF REVIEW
A district court may assign dispositive pretrial matters, including motions to
dismiss, to a magistrate judge for “proposed findings of fact and recommendations.”
28 U.S.C. § 636(b)(1)(A) & (B). The Federal Magistrate Act provides that a district
court “shall make a de novo determination of those portions of the report or specified
proposed findings or recommendations to which objection is made.” Id. § 636(b)(1)(C);

Fed. R. Civ. P. 72(b)(3). However, “when objections to strictly legal issues are raised
and no factual issues are challenged, de novo review of the record may be dispensed
with.” Orpiano v. Johnson, 687 F.2d 44, 47 (4th Cir. 1982). De novo review is also not
required “when a party makes general and conclusory objections that do not direct
the court to a specific error in the magistrate’s proposed findings and
recommendations.” Id. Similarly, when no objection is filed, “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
v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (quoting Fed. R. Civ.
P. 72, advisory committee note).
III. DISCUSSION
Under Rule 72(b) of the Federal Rules of Civil Procedure, a district court judge
shall make a de novo determination of any portion of an M&R to which specific

written objection has been made. A party’s failure to make a timely objection is
accepted as an agreement with the conclusions of the Magistrate Judge. See Thomas
v. Arn, 474 U.S. 140, 149–50 (1985). No objection to the M&R having been filed, and
the time for doing so having passed, the parties have waived their right to de novo
review of any issue covered in the M&R. Nevertheless, this Court has conducted a
full review of the M&R and other documents of record, and having done so, the Court
hereby finds that the recommendation of the Magistrate Judge is, in all respects, in
accordance with the law and should be approved. Accordingly, the Court ADOPTS
the recommendation of the Magistrate Judge as its own.
IV. CONCLUSION
IT IS, THEREFORE, ORDERED that:
1. The Magistrate Judge’s M&R, (Doc. No. 24), is ADOPTED;
2. Defendant Board of Directors of Charlotte Secondary School Inc.’s Motion
to Dismiss, (Doc. No. 14), is DENIED.
Signed: May 30, 2024

byte CD

United States District Judge “ee

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10261117. Public record. Not legal advice.