Slep-Tone Entertainment Corporation v. Garner et al

Filing 101

ORDER ADOPTING 100 Memorandum and Recommendations. Defendant Yarborough's Motion for Partial Summary Judgment is DENIED. As the time for filing dispositive motions in this matter has passed, the clerk is directed to refer this matter for a pretrial conference. Signed by US District Judge Terrence W. Boyle on 5/16/2014. Copy of Order mailed to pro se defendants via US Mail. (Fisher, M.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:12-CV-53-BO

SLEP-TONE ENTERTAINMENT
CORPORATION,
Plaintiff,
v.

NONA POWERS, STEPHEN WINN,
COLLIN YARBROUGH, RICK
BAREFOOT, and STEVEN PENNY,
Defendants.

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ORDER

This cause comes before the Court following referral to United States Magistrate Judge
James Gates for memorandum and recommendation on defendant Collin Yarbrough's motion for
partial summary judgment. 28 U.S.C. § 636(b)(l)(B). Judge Gates filed a memorandum and
recommendation (M&R) on April3, 2014, and no party has filed any objections thereto.
A district court is required to review de novo those portions of an M&R to which a party
timely files specific objections or where there is plain error. 28 U.S .C. § 636(b )(1 ); Thomas v.

Arn, 474 U.S. 140, 149-50 (1985). De novo review is not required when an objecting party
makes only general or conclusory objections that do not direct a court to a specific error in the
magistrate judge's recommendations. Orpiano v. Johnson, 687 F.2d 44, 4 7 (4th Cir. 1982).
Further, when "objections to strictly legal issues are raised and no factual issues are challenged,
de novo review may be dispensed with." !d.
As no objections were filed, the Court has reviewed the M&R for plain error and finds
none. Accordingly, the Court ADOPTS the M&R [DE 100] and DENIES defendant

Yarbrough's motion for partial summary judgment. [DE 94]. As the time for filing dispositive
motions in this matter has passed, the clerk is DIRECTED to refer this matter for pretrial
conference.

SO ORDERED, this

/p

day of May, 2014.

-r:~w.tkft
TERRENCE W. BOYLE
UNITED STATES DISTRICT JUDGE

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