Opinion

Brown

Court
District Court, E.D. North Carolina
Filed
Sep 11, 2026
Cited by
0 cases

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

SOUTHERN DIVISION

Case No. 7:25-CV-01431-M-KS

ARIANA BROWN, )

)

Plaintiff, )

)

)

) ORDER

TRISURA SPECIALTY INSURANCE )

COMPANY, )

)

Defendant. )

This matter comes before the court on the Defendant’s Motion to Dismiss Plaintiff's third

and fourth causes of action in the Complaint. DE 13. Pursuant to 28 U.S.C. § 636(b)(1) and

Federal Rule of Civil Procedure 72(b), United States Magistrate Judge Kimberly A. Swank entered

a memorandum and recommendation (“M&R”), recommending that the court deny the motion to

dismiss without prejudice. DE 38. To date, no objections have been filed. !

A magistrate judge’s recommendation carries no presumptive weight. The court “may

accept, reject, or modify, in whole or in part, the ... recommendation] ]... receive further evidence

or recommit the matter to the magistrate judge with instructions.” 28 U.S.C. § 636(b)(1); accord

Mathews v. Weber, 423 U.S. 261, 271 (1976). The court “shall make a de novo determination of

those portions of the report or specified proposed findings or recommendations to which objection

is made.” Jd. § 636(b)(1). Absent a specific and timely objection, the court reviews only for “clear

error” and need not give any explanation for adopting the recommendation. Diamond v. Colonial

' Judge Swank issued the M&R on August 17, 2026. Objections were due to be filed on or before

August 31, 2026. See DE 36. The motion and M&R were submitted to this court for disposition

on September 4, 2026.

Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005).

Upon careful review of the M&R and the record presented, and finding no clear error, the

court ADOPTS the recommendation of the magistrate judge as its own. For the reasons stated

therein, Defendant’s motion for partial dismissal [DE #13] is DENIED.

SO ORDERED this_/O _ day of September, 2026.

Sah 2 WV) gers

RICHARD E. MYERS II

CHIEF 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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