Barclift v. Sentara Albemarle Regional Medical Center, LLC
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.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
GORDON BARCLIFT, JR.,
SENTARA SENATRA REGIONAL
MEDICAL CENTER, LLC.,
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.
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.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?