Carmon v. Food Lion ( 2023 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION Case No. 4:22-cv-00102-M DEBBIE CARMON, ) ) Plaintiff, ) ) Vv. ) ) ORDER FOOD LION, ) ) Defendant. ) ee This matter comes before the court on the Memorandum and Recommendation (““M&R”) of United States Magistrate Judge Robert R. Numbers, II [DE 9]. Pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b), Magistrate Judge Numbers recommended that the court dismiss Plaintiff's complaint because she has failed to establish subject matter jurisdiction over her slip-and-fall claim. Plaintiff timely filed an objection [DE 12], stating that she gives the court subject matter jurisdiction to hear her claim and that she has suffered tremendously from her alleged injury. She does not object to any specific portion of the M&R. 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 recomneridations to which objection is made.” Jd. § 636(b)(1). Absent a specific and timely objection, as here, 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 complaint is DISMISSED without prejudice. SO ORDERED this 2S __ day of September, 2023. hacrl & (Vee / t YW S 2 RICHARD E. MYERS II CHIEF UNITED STATES DISTRICT JUDGE