Thomas v. North Carolina Mutual Life Insurance Company ( 2023 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Case No. 5:22-cv-00291-M NOEL VINCENT THOMAS, Plaintiff, NORTH CAROLINA MUTUAL LIFE ORDER INSURANCE COMPANY, MICHAEL LAWRENCE, ALABAMA DEPARTMENT OF INSURANCE, JAMES FINN, NORTH CAROLINA DEPARTMENT OF INSURANCE, and JOHN HOOMANTI, Defendants. This matter comes before the court on the Memorandum and Recommendation (““M&R”) of United States Magistrate Judge Kimberly A. Swank [DE 5]. Pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b), Magistrate Judge Swank entered an M&R recommending that the court to dismiss Plaintiff's complaint for frivolity pursuant to 28 U.S.C. § 1915(e)(2)(B). 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 ismade.” Id. § 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 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, Plaintiff's claims are dismissed pursuant to 28 U.S.C. § 1915(e)(2). The clerk is DIRECTED to close this case. ORDERED this __ day of May, 2023. RICHARD E. MYERS Il CHIEF UNITED STATES DISTRICT JUDGE