Ford v. US Government ( 2022 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION CASE NO. 5:22-CV-00156-M SARAH FORD, ) - □ Plaintiff, 5 . ) ORDER ) ) US GOVERNMENT, et al., ) . □□ Defendants. This matter is before the court on a Memorandum and Recommendation (hereinafter “M&R”) of United States Magistrate Judge Robert T. Numbers dated May 4, 2022 [DE 4] and a M&R dated November '28, 2022 [DE 12] to dismiss Plaintiff's Complaint [DE 1-1, DE 5] and Motion to Amend Complaint [DE 10]. Plaintifis did not file objections to the M&R. The matter is ripe for ruling. □ “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 recommendatiotis to which objection is made.” Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cit. 2005) : (emphasis, alteration, paclancitions omitted); see 28 U.S.C. § 636(b). : ‘Absent timely objection, “a district pote need not conduct a de novo review, but instead must only satisfy itself that there is nio clear _ error on the face of the record in order to accept the recommendation.” Diamond, 416 F.3d □ 315- (citation and quotations omitted). . . The court has reviewed the M&Rs and the record in this case and is satisfied that there is no clear @rror on the face of the record. Accordingly, the court ADOPTS the M&R IDE 12] and for the reasons stated therein ORDERS as follows: □ |. 1. Plaintif's Motion to Amiend Complaint [DE 10] is DENIED; □ Plaintiff's Complaint [DE 1-1, DE 5] is DISMISSED without prejudice, □□ ORDERED this_ □□□ day of December, 2022. □□ oo Cm deeel EV \ ays | RICHARD E.MYERSH eS en CHIEF UNITED STATES DISTRICT JUDGE . | .