The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
MICHAEL LOUIS FRAZIER,
Plaintiff,
1:24-CV-956-DAB-JGM
v.
NORTH CAROLINA DEPARTMENT
OF ADULT CORRECTIONS et al.,
Defendants.
ORDER
This matter is before the Court for review of the Memorandum Opinion, Order
and Recommendation filed on August 10, 2026. 8/10/26 Memorandum Opinion,
Order and Recommendation of United States Magistrate Judge (D.E. 79). The
deadline for objections passed on Aug. 27, 2026, and no parties have objected to the
Recommendation.
Because there are no objections, the Court “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. Proc. 72 advisory committee’s note). This Court has accordingly
reviewed the Recommendation and concludes it contains no clear error. It adopts all
recommendations of the magistrate judge.
Accordingly, it is ORDERED that the Magistrate Judge’s Recommendation,
8/10/26 Memorandum Opinion, Order and Recommendation, is ADOPTED.
Defendant Dennis’ Motion to Dismiss (D.E. 23) is GRANTED and all claims against
him are DISMISSED WITH PREJUDICE. Defendants’ Motion to Dismiss (D.E.
64) is GRANTED in part and DENIED in part, as the Court GRANTS the motion
and DISMISSES WITH PREJUDICE all claims against Agarwal, Amos, Beutler,
Browning, Campbell, Catlett, Cobb, Collins, Evans, Faulk, Hardee, Harris,
Hendricks, Hernandez, Hunt, Cooley-Dismukes, Jones, Junker, Langley, Laub,
Locklear, Martin, Oxendine, Panter, Peiper, Ruiz, Sheitman, Timmons, Wargo, and
Williams in their official capacities, GRANTS the motion and DISMISSES WITH
PREJUDICE all claims against NCDAC, GRANTS the motion and DISMISSES
WITH PREJUDICE all claims against Evans, Hernandez, Martin, Ruiz, Laub, and
Wargo in their individual capacities (D.E. 64), GRANTS the motion and
DISMISSES WITHOUT PREJUDICE all claims against Agarwal, Amos, Beutler,
Browning, Campbell, Catlett, Cobb, Collins, Faulk, Hardee, Harris, Hendricks,
Cooley-Dismukes, Jones, Junker, Langley, Laub, Locklear, Oxendine, Panter,
Peiper, Sheitman, and Williams in their individual capacities (D.E. 64), and DENIES
the motion to dismiss the Section 1983 claims and North Carolina constitutional
claims against Hunt, Goodman, and Timmons in their individual capacities (D.E.
64). Furthermore, the Court DENIES Frazier’s motion for a preliminary injunction
(D.E. 43), DENIES Frazier’s motion for leave to file an amended complaint (D.E.
47), and DENIES Frazier’s motion to attach exhibits to the complaint (D.E. 48).
This the 3rd day of September, 2026.
/s/ David A. Bragdon
United States District Judge