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.)

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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. ) ) ) ) ) ) ) ) ) ) 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 2

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