Opinion

Riegel

Court
District Court, E.D. North Carolina
Filed
Mar 4, 2026
Cited by
0 cases
Authority
More cited than 40.0%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

WESTERN DIVISION

No. 5:25-CV-378-BO-BM

TERRY RIEGEL, )

Plaintiff, )

)

v. ) ORDER

)

NASH COUNTY BOARD OF )

EDUCATION, et al., )

Defendants. )

This cause comes before the Court on the memorandum and recommendation of United

States Magistrate Judge Brian S. Meyers. [DE 23]. No party has filed any objections to the

memorandum and recommendation (M&R) and the time for doing so has expired. In this posture,

the matter is ripe for disposition.

“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) (emphasis omitted); see also 28 U.S.C. § 636(b)(1); Fed R. Civ. P.

72(b)(3). A party’s objections must be made “with sufficient specificity so as reasonably to alert

the district court of the true ground for the objection.” United States v. Midgette, 478 F.3d 616,

622 (4th Cir. 2007). Where no specific objections have been filed, the court reviews for clear error

only. Dunlap v. TM Trucking of the Carolinas, LLC, 288 F. Supp. 3d 654, 662 (D.S.C. 2017). On

clear error review, the court has no obligation to explain its reasoning for adopting the

recommendation. Camby v. Davis, 718 F.2d 198, 200 (4th Cir. 1983).

Plaintiff's claims arise from his March 2023 visit to Northern Nash High School in Nash

County, North Carolina regarding his daughter’s alleged unexcused school absences. Plaintiff's

visit resulted in his being charged with second-degree trespass and banned from school board

property. Magistrate Judge Meyers has recommended that the Court grant the pending motions to

dismiss, dismiss the federal claims with prejudice, and decline to exercise supplemental

jurisdiction over the state law claims. See 28 U.S.C. § 1367(c)(3). Court has reviewed the M&R

for clear error and finds none. The M&R is therefore adopted in full.

CONCLUSION

Accordingly, for the foregoing reasons, the M&R [DE 23] is ADOPTED in full. The

motion to dismiss by defendants Nash County Board of Education and Steve Ellis [DE 14] is

GRANTED and the motion to dismiss by defendant Jeffrey White [DE 18] is GRANTED.

Plaintiffs claims against defendants arising under federal law are DISMISSED with prejudice.

The Court declines to exercise supplemental jurisdiction over plaintiff's remaining state law claims

and they are DISMISSED without prejudice. The Clerk is DIRECTED to enter judgment and close

the case.

SO ORDERED, this Zz day of March 2026.

pend’ (Pe

Te W. BOYLE

UNITED STATES DISTRICT QJDGE

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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