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.)

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

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