Barclift v. Sentara Albemarle Regional Medical Center, LLC

Filing 26

ORDER adopting 25 Memorandum and Recommendations; granting 20 Motion for Sanctions. Signed by Chief Judge James C. Dever III on 4/9/2018. (Briggeman, N.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA NORTHERN DMSION No. 2:17-CV-8-D GORDON BARCLIFT, JR., ) ) Plaintiff, ) ) ) v. ) SENTARA SENATRA REGIONAL ) MEDICAL CENTER, LLC., ) ) Defendant. ) ORDER OnMarch20, 2018, Magistrate Judge Numbers issued a Memorandum and Recommendation ("M&R") and recommended that the court grant defendant's motion for sanctions [D.E. 20] and dismiss plaintiff's complaint. See [D.E. 25]. Neither party objected to the M&R. "The Federal Magistrates Act requires a district court to make a de novo determination of those portions ofthe [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) (alteration in original) (emphasis removed) (quotation omitted). Absent a timely objection, "a district court need not conduct a de novo review, but instead must only satisfy itselfthat there is no clear error on the face of the record in order to accept the recommendation." Id. (quotation omitted). The court has reviewed the M&R and the record. The court is satisfied that there is no clear error on the face of the record. Accordingly, the court adopts the conclusions in the M&R. Defendant's motion for sanctions [D.E. 20] is GRANTED. Plaintiff's complaint is DISMISSED WITH PREJUDICE. Defendant may file a motion for costs in accordance with the Federal Rules of Civil Procedure and this court's local rules. The clerk shall close this case. SO ORDERED. This _!i_ day of April2018. 2

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