Dubar v. Hanks ( 2024 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION No. 7:23-CV-1631-BO MARIAN ELIZABETH DUBAR, ) Plaintiff, V. ORDER RYAN HANKS, ET AL., Defendant. Before the Court is the Memorandum and Recommendation (‘M&R”) of United States Magistrate Judge Robert B. Jones, Jr. [DE 14]. The M&R recommends this Court grant defendants’ motion to dismiss, [DE 6], dismiss the complaint without prejudice for lack of subject matter jurisdiction, and deny plaintiff's motion to deposit funds [DE 5] as moot. [DE 14]. Plaintiff did not respond to defendant’s motion to dismiss. Further, no responses or objections to the M&R were filed. With no objections to the M&R, this Court may adopt the recommendations if it is “satisf[ied] .. . that there is no clear error on the face of the record . . . .” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (internal quotation and citation omitted); see also Thomas v. Arn, 474 U.S. 140, 150 (1985) (“It does not appear that Congress intend to require district court review of a magistrate’s factual or legal conclusion under a de novo or any other standard, when neither party objects.’’). After reviewing the M&R and all relevant matters, the Court finds no clear error. Accordingly, the Court ADOPTS the M&R [DE 14] in its entirety. Defendants’ motion to dismiss is GRANTED. [DE 6]. Plaintiff's complaint is DISMISSED without prejudice for lack of subject matter jurisdiction. Further, plaintiff's motion to deposit funds is DENIED as moot. [DE 5]. The Clerk is DIRECTED to enter judgment and close the case. SO ORDERED, this Z day of May 2024. TERRENCE W. BOYLE UNITED STATES DISTRICT JUDGE