Davis v. Hunt

Filing 9

ORDER granting 1 Motion for Leave to Proceed in forma pauperis and dismissing complaint. Signed by US District Judge James C. Dever III on 4/15/2011. (Sawyer, D.)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

WESTERN DIVISION

No.5:11-CV-35-D

WILLIAM SCOTT DAVIS, JR.,
Plaintiff,
v.
JAMES A. HUNT,
Defendant.

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ORDER

On March 18,2011, Magistrate Judge Webb issued a Memorandwn and Recommendation
("M&R") [D.E. 8]. In that M&R, Judge Webb recommended that plaintiff's application to proceed
in forma pauperis be allowed and that plaintiff's complaint be dismissed as frivolous. No party filed

objections 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. Plaintiff's application to proceed in forma pauperis is GRANTED,
and plaintiff's complaint is DISMISSED as frivolous. The Clerk of Court is directed to close the
case.

SO ORDERED. This

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S' day ofApril 2011.

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J
SC.DEVERill
United States District Judge

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