Wilder v. Pender County NC Court ( 2021 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION CASE NO. 7:21-CV-00045-M LAWRENCE VERLINE WILDER, ) Plaintiff, ) v. ORDER PENDER COUNTY NC COURT, e¢ al., Defendants. ) This matter is before the court on the Memorandum and Recommendation (hereinafter “M&R’) of United States Magistrate Judge Robert B. Jones, Jr. [DE-9] to dismiss this action due to pro se Plaintiff’s failure to comply with this court’s March 16, 2021 order [DE-3], which noted deficiencies in Plaintiff's filing, and for Plaintiff's apparent lack of intent to prosecute his case. Plaintiff did not file an objection to the M&R and the deadline for doing so has expired. 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 recommendations to which objection is made.” Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (emphasis, alteration, and quotations omitted); see 28 U.S.C. § 636(b). Absent _ timely objection, “a district court need not conduct a de novo review, but instead must only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.” Diamond, 416 F.3d at 315 (citation and quotations omitted). The court has reviewed the M&R and the record in this case and is satisfied that there is _ noclear error on the face of the record. Accordingly, the court ADOPTS the M&R [DE-9] and for _ the reasons state therein DISMISSES the case for failure to prosecute and failure to comply with the court’s order. The Clerk of Court is DIRECTED to close the case. SO ORDERED this the te day of July, 2021. ‘ RICHARD E. MYERS IT CHIEF UNITED STATES DISTRICT JUDGE