Williams v. Pitt County Board of Education et al

Filing 44

ORDER adopting 43 Memorandum and Recommendation; granting 38 Motion to Dismiss for Failure to State a Claim. The Clerk is directed to close the case. Signed by Senior Judge W. Earl Britt on 3/23/2020. (Herrmann, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
No. 4:18–CV–32–BR
HENRY WILLIAMS, II,

)
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Plaintiff,
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v.
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PITT COUNTY BOARD OF
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EDUCATION,
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Defendant.
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____________________________________)

ORDER

This matter is before the court on Magistrate Judge Robert B. Jones, Jr.’s Memorandum
and Recommendation (“M&R”) recommending the court grant defendant’s motion to dismiss for
plaintiff’s failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). (DE # 43.)
Plaintiff did not file an objection thereto.
“The Court is not required to review, under a de novo or any other standard, the factual or
legal conclusion of the magistrate judge to which no objections have been raised.” Clark v.
Harrah’s NC Casino Co., LLC, No. 1:17–CV–00240–MR–DLH, 2018 WL 4664136, at *1
(W.D.N.C. Sept. 28, 2018) (citing Thomas v. Arn, 474 U.S. 140, 150 (1985) (“There is no
indication that Congress, in enacting § 636(b)(1)(C), intended to require a district judge to
review a magistrate’s report to which no objections are filed.”)). Accordingly, the court
ADOPTS the M&R as its own. Defendant’s motion to dismiss is ALLOWED. Plaintiff’s
complaint is DISMISSED. The Clerk is DIRECTED to close the case.
This 23 March 2020.
__________________________________

W. Earl Britt
Senior U.S. District Judge