Parkman v. United States ( 2024 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION Case No. 7:24-CV-68-M-RJ BRUCE H. PARKMAN, SR., ) ) Plaintiff, ) ORDER ADOPTING REPORT AND ) RECOMMENDATION v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) This matter comes before the court on Plaintiff’s pro se application to proceed in forma pauperis under 28 U.S.C. § 1915, [D.E. 2], and for frivolity review of the complaint pursuant to 28 U.S.C. § 1915(e)(2)(B). [D.E. 1]. Pursuant to 28 U.S.C. § 636(b)(l)(B) and Federal Rule of Civil Procedure 72(b), United States Magistrate Robert B. Jones, Jr. entered a memorandum and recommendation (“M&R”), [D.E. 6], recommending that the court allow the application to proceed in forma pauperis and dismiss Plaintiff’s complaint without prejudice for failure to exhaust administrative remedies. Plaintiff did not submit any written objections to the M&R by the April 23, 2024 deadline. See [D.E. 6] 4–5. 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)(l); accord Mathews v. Weber, 423 U.S. 261, 271 (1976). 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, it is hereby ORDERED: (1) Plaintiff's motion for leave to proceed in forma pauperis, [D.E. 2] is GRANTED; and (2) Plaintiff's complaint, [D.E. 1], is DISMISSED WITHOUT PREJUDICE for failure to exhaust administrative remedies. SO ORDERED this 70 of April, 2024. hd EV que } yaus UY RICHARD E. MYERS II Chief United States District Judge