Wilson v. Harnett Health Systems, Inc ( 2024 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Case No. 5:23-CV-00348-M-RJ JESSICA WILSON, ) Plaintiff, v. ORDER HARNETT HEALTH SYSTEMS, INC., ALLISON CHRISTIAN, and CHASE ) CHRISTIAN Defendant. ge) This matter comes before the court on the Memorandum and Recommendation (“M&R”) entered by Magistrate Judge Robert B. Jones, Jr. in this case on September 26, 2024. [DE 47]. In the M&R, Judge Jones recommends that the court grant Defendants’ motion to dismiss for lack of subject matter jurisdiction, id. at 1, 7, and dismiss as moot Defendant Harnett Health Systems’ motion to dismiss for lack of personal jurisdiction. Jd. The M&R, along with instructions and a deadline for filing objections, was served on Plaintiff on September 26, 2024. See id. at 7-8. Plaintiff raised no objection to the M&R. 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 determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” /d. § 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 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, Defendants’ Motion to Dismiss [DE 35] is GRANTED, Defendant Harnett Health Systems’ Motion to Dismiss [DE 37] is DENIED AS MOOT, and the case is DISMISSED WITHOUT PREJUDICE. SO ORDERED this au ___ day of October, 2024. COL Eis: a RICHARD E. MYERS Il CHIEF UNITED STATES DISTRICT JUDGE