Brown v. United States of America, et al

Filing 11

ORDER denying 8 Motion to Void Order and denying 9 Motion to Take Judicial Notice. Signed by US District Judge James C. Dever III on 8/15/2011. A copy of the order was mailed to the pro se plaintiff to her address of record. (Sawyer, D.)

IN THE UNITED STATES DISTRlCT COURT

FOR THE EASTERN DISTRlCT OF NORTH CAROLINA

WESTERN DIVISION

No.5:11-CV-143-D

NnCHELEBROVVN,
Plaintiff,

v.

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)
)
)

)

UNITED STATES OF AMERICA,
et al.,
Defendants.

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)
)
)
)

ORDER

On March 25,2011, plaintiff filed a Petition to Quash I.R.S. Summons [D.E. 1]. On May
21,2011, defendant responded [D.E. 4]. On June 1,2011, plaintiff replied [D.E. 5]. Pursuant 28
U.S.C. § 636(b)(I)(A), the cowt referred plaintiff's motion [D.E. 1] to Magistrate Judge Webb for
disposition. On June 20,2011, Magistrate Judge Webb denied plaintiff's motion to quash the I.R.S.
summons [D.E. 7]. On June 24, 2011, plaintiff filed a motion to void Judge Webb's order [D.E. 8],
and amotion to take judicial notice [D.E. 9]. On June 29, 2011, the govemmentresponded [D.E.I0].
"The Federal Magistrates Act requires a district cowt to make a de novo determination of
those portions ofthe [magistrate judge's] report or specified proposed fmdings 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) (quotation omitted) (emphasis removed).

Absent a timely

objection, "a district cowt need not conduct a de novo 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." Id.
(quotation omitted).

The court has reviewed the record de novo in this case. The court adopts Judge Webb's
order as its own. Plaintiffs "Petition to Quash I.R.S. Summons" [D.E. 1] is DENIED, plaintiffs
motion to void Judge Webb's order [D.E. 8] is DENIED, and plaintiffs motion to take judicial
notice [D.E. 9] is DENIED. Plaintiffs petition against defendants Agent Janice Clark and the IRS
is DISMISSED.
SO ORDERED. This ,~ day of August 2011.

1im .. :b.

LV V\

J
SC.DEVERill
United States District Judge

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