Williams v. State Employees Credit Union ( 2024 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Case No. 5:24-CV-00053-M-BM DEVONTE WILLIAMS, ) Plaintiff, V. ORDER STATE EMPLOYEES CREDIT UNION, ) Defendant. oo) 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 23, 2024 [DE 23]. In the Recommendation, Judge Meyers recommends that the court grant Defendants’ motion to dismiss. DE 23 at 1, 8, 11, 13-14. The Recommendation, along with instructions and a deadline for filing objections, was served on Plaintiff on July 23. See id. at 14-15. Plaintiff raised no objection to the Recommendation. See Docket Entries dated July 23, 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 novo determiration 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 □□□□□□ 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, the court finds no clear error. See Diamond, 416 F.3d at 315. The court thus ADOPTS the Recommendation [DE 23] in full. Defendants’ motion to dismiss [DE 8] is GRANTED, and Plaintiff's Complaint [DE 1] is DISMISSED. The Clerk of Court is directed to close this case. SO ORDERED this gk day of August, 2024. —— “A /V) Mire. dS RICHARD E. MYERS Ii CHIEF UNITED STATES DISTRICT JUDGE