Hall:El v. Greene Resources, Inc. et al

Filing 9

ORDER granting 4 Motion for Leave to Proceed in forma pauperis, denying as moot 8 Motion for Entry of Default, and dismissing the action as frivolous. Signed by US District Judge James C. Dever III on 8/22/2011. (Sawyer, D.)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

WESTERN DIVISION

No.5:11-CV-315-D

WILLIAM SALAAM HALL:EL,
Plaintiff,

v.
GREENE RESOURCES, INC.,
MIKIO ANDERSON, EBONI YARN,
LAUREN NOWOC, and
MICHAEL STRICKLAND, ESQ.,
Defendants.

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ORDER

On July 11, 2011, Magistrate Judge Webb issued a Memorandum and Recommendation
("M&R") [D.E. 6]. In that M&R, Judge Webb recommended that plaintiff's application to proceed

in fonna pauperis be allowed and that plaintiff's complaint be dismissed as frivolous. On July 15,
2011, plaintiff filed objections [D.E. 7] to the M&R. On August 1, 2011, plaintiff filed a motion for
entry of default [D.E. 8].
"The Federal Magistrates Act requires a district court to make a de novo detennination 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 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 M&R and the record. As for those portions ofthe M&R to which
plaintiff did not object, the court is satisfied that there is no clear error on the face of the record. As
for the objections, the court has reviewed the objections and the M&R de novo, plaintiff's objections
are overruled. Plaintiff's application to proceed in fonna pauperis is GRANTED, and plaintiff's
complaint is DISMISSED as frivolous. Plaintiff's motion for entry of default [D.E. 8] is DENIED
AS MOOT. The Clerk of Court is directed to close the case.
SO ORDERED. This..1.1 day ofAugust 2011.

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~SC.DEVERm

United States District Judge

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