Riggin v. ATF ( 2024 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Case No. 5:23-CV-00541-M-BM WILBERT B. RIGGIN, ) Plaintiff, V. ORDER ATF & RALEIGH POLICE DEPARTMENT, ) Defendants. gg) This matter comes before the court on the memorandum and recommendation (the “Recommendation”’) entered by Magistrate Judge Brian S. Meyers in this case on July 18, 2024 [DE 19]. In the Recommendation, Judge Meyers recommends that the court grant Defendants’ motions to dismiss [DE 6; DE 8] and dismiss the Complaint [DE 1-1]. DE 19 at 2, 4, 6, 8-9. The Recommendation, along with instructions and a deadline for filing objections, was served on Plaintiff on July 18. See id. at 9. Plaintiff raised no objection to the Recommendation. See Docket Entries dated July 18, 2024, to present. 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: nove deterrunation of those portions of the report or specified proposed findings or recommendations to which objection is made.” Jd. § 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 Recommendation and the record presented, and finding no clear error, the court ADOPTS the Recommendation [DE 19] of Judge Meyers as its own. For the reasons stated therein, the Defendants’ motions to dismiss [DE 6; DE 8] are GRANTED and the Complaint [DE 1-1] is DISMISSED. The Clerk of Court is directed to close this case. SO ORDERED this _( _ day of August, 2024. Og (V\ \—ws SS RICHARD E. MYERS Ii CHIEF UNITED STATES DISTRICT JUDGE