Opinion

Neil v. Warren County Board of Education

Court
District Court, E.D. North Carolina
Filed
Oct 23, 2023
Cited by
0 cases
Authority
More cited than 31.5%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

WESTERN DIVISION

NO. 5:20-CV-595-FL

ANGELLA R. NEIL, )

)

Plaintiff, )

)

v. )

ORDER

)

WARREN COUNTY BOARD OF )

EDUCATION, )

)

Defendant.

This matter is before the court on defendant’s motion for sanctions. (DE 160). Also before

the court are defendant’s motion for protective order (DE 157), and plaintiff’s motions styled

“motion for court to schedule pretrial hearing conference,” (DE 170), “request to place cause on

trial calendar,” (DE 171), and “motion for court to note the race of every potential juror examined

in this case.” (DE 186).

BACKGROUND

United States Magistrate Judge Robert B. Jones, Jr., entered memorandum and

recommendation (“M&R”), pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule 72.3(c),

wherein it is recommended defendant’s motion for sanctions be allowed and that plaintiff’s

complaint be dismissed. Neither party filed objections to the M&R, however, plaintiff filed a

document titled “admissibility of evidence,” relying upon documents titled “memorandum in

support of admissibility of evidence,” “plaintiff’s pro se admissibility of evidence for jury trial

exhibit B,” and “propose[d] order for plaintiff’s pro se admissibility of evidence; jury trial.” (DE

184). Plaintiff also filed a document titled “plaintiff’s pro se notice of readiness for trial,” relying

on a proposed order. (DE 185).

COURT’S DISCUSSION

A. Standard of Review

The district court reviews de novo those portions of a magistrate judge’s M&R to which

specific objections are filed. 28 U.S.C. § 636(b). The court does not perform a de novo review

where a party makes only “general and conclusory objections that do not direct the court to a

specific error in the magistrate’s proposed findings and recommendations.” Orpiano v. Johnson,

687 F.2d 44, 47 (4th Cir. 1982). Absent a specific and timely filed objection, the court reviews

only for “clear error,” and need not give any explanation for adopting the M&R. Diamond v.

Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005); Camby v. Davis, 718 F.2d

198, 200 (4th Cir. 1983). Upon careful review of the record, “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).

B. Analysis

Although plaintiff made two sets of filings following entry of the M&R, the court does not

construe those filings as objections where the documents make no reference to the magistrate judge

or his decision. Accordingly, the court reviews the M&R for clear error.

The magistrate judge recommends granting defendant’s motion to compel and awarding a

sanctions of dismissal with prejudice where plaintiff demonstrated bad faith by deliberately

proceeding in a dilatory fashion, including by failing to appear for two properly noticed

depositions, and prejudiced defendant by prolonging resolution of the matter, depriving defendant

of information needed to defend itself, and forcing defendant to incur substantial costs beyond the

ordinary cost of litigation. The magistrate judge found that no sanction less drastic than dismissal

was appropriate where plaintiff appeared to have no means to pay a monetary penalty and was

unwilling to comply with the Federal Rules and the court’s orders. The court also warned plaintiff

of the sanction of dismissal.

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. Defendant’s motion for sanctions (DE 160) is GRANTED on the

terms set forth in the M&R. In particular, plaintiffs complaint is DISMISSED WITH

PREJUDICE as a sanction for failure to follow the court’s order and failure to meaningfully

participate in discovery. All remaining motions (DE 157, 170, 171, and 186) are TERMINATED

AS MOOT. The clerk is DIRECTED to close this case.

SO ORDERED, this the 23rd day of October, 2023.

LOUISE W. FLANAGAN

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.