Richardson v. NC Department of Health & Human Services, Division of Social Services & Child Support Enforcement

Filing 7

ORDER granting 1 Motion to Proceed in forma pauperis, adopting 4 Memorandum and Recommendations, and dismissing the case as frivolous. Signed by Chief Judge James C. Dever III on 9/24/2012. A copy of the order was mailed to the pro se plaintiff. (Sawyer, D.)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No.5:12-CV-180-D LORENZO RICHARDSON, Plaintiff, v. ) ) ) ) ) ORDER ) NC DEPARTMENT OF HEALTH & HUMAN ) SERVICES, DIVISION OF SOCIAL SERVICES) & CHILD SUPPORT ENFORCEMENT, ) ) Defendant. ) On June 29,2012, Magistrate Judge Daniel issued a Memorandum and Recommendation ("M&R") [D.E. 4]. In that M&R, Judge Daniel recommended that plaintiffs application to proceed in forma pauperis be allowed, and that plaintiffs complaint be dismissed for lack of subject matter jurisdiction, or alternatively, because plaintiff failed to state a claim upon which relief can be granted. On July 6, 2012, plaintiff filed objections [D.E. 6] 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 and 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 ofthe 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 ofthe record. As for the objections, they are gibberish. In any event, the court has reviewed the objections and the M&R de novo. Plaintiffs objections [D.E. 6] are overruled, and the court adopts the M&R [D.E. 4]. Accordingly, plaintiffs application to proceed in forma pauperis is GRANTED, and plaintiffs complaint is DISMISSED as frivolous. The Clerk of Court shall close the case. SO ORDERED. This t.4-day of September 2012. Chief United States District Judge 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?