Bey v. Sicley

Filing 7

ORDER adopting 4 Memorandum and Recommendations. Signed by US District Judge Terrence W. Boyle on 7/27/2018. Copy sent via US Mail to Tony Khalid Bey at 1116 Masters Lane, Unit B, Greenville, NC 27834. (Stouch, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
No. 4:18-CV-75-BO
TONY KHALID BEY,
Plaintiff,

v.
COLLEEN SICLEY,
Defendant.

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ORDER

This matter is before the Court on the Memorandum and Recommendation ("M&R") of
United States Magistrate Judge Robert B. Jones, Jr., pursuant to 28 U.S.C. § 636(b)(l)(C) and
Fed. R. Civ. P. 72(b). [D.E. 4]. The Court ADOPTS the M&R.
On April 4, 2018, plaintiff moved for leave to proceed in forma pauperis in the instant
case. Magistrate Judge Jones issued a Memorandum and Recommendation, finding that plaintiff
demonstrated appropriate evidence of the inability to pay court costs, but that the claim should be
dismissed because it fails to state a claim over which the Court has subject matter jurisdiction.
Plaintiff did not file any objections to the Memorandum.
"The Federal Magistrates Act requires a district court to make a de nova determination of
those portions of the magistrate judge's report or specified proposed findings or
recommendations to which objection is made." Diamondv. Colonial Life & Acc. Ins. Co., 416
F.3d 310, 315 (4th Cir. 2005) (emphasis, alteration, and quotation omitted); see 28 U,S.C.
636(b). Absent timely objection, "a district court need not conduct a de nova review, but instead
must only satisfy itself that there is no clear error on the face of the record in order to accept the
recommendation." Diamond, 416 F.3d at 315 (quotation omitted).
Having consider,ed the M&R and record, the Court is satisfied that there is no clear error
on the face of the record and accepts the Magistrate Judge's recommendation. Magistrate Judge

Jones determined that plaintiffs complaint is "illogical, convoluted, and lacks an arguable basis
in fact." [DE 4 at 4]. Plaintiff did not plead any facts that could possibly sustain either federal
question or diversity jurisdiction, and so this Court lacks jurisdiction. See 28 U.S.C. § 1331; 28
U.S.C. § l332(a)(l).
The Court ADOPTS the Magistrate Judge's M&R. [DE 4]. Plaintiffs case is
DISMISSED.
SO ORDERED, this~ day of July, 2018.

T~~

TERRENCE W. BOYLE
UNITED STATES DISTRICT JUDGE

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