Glover v. State of NC Certification of Vital Record Durham Birth Certificate Office

Filing 8

ORDER: The Court adopts the 6 Memorandum and Recommendations and dismissess the case as frivolous. Signed by Chief Judge James C. Dever III on 4/17/2013. 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-221-D
SHARRON MARIE GLOVERARMSTEAD, JR.,

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Plaintiff,

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v.

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ORDER

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STATE OF NC CERTIFICATION OF
VITAL RECORDS/BIRTH CERTIFICATE
OFFICE DURHAM COUNTY REGISTER
OFDEEDS,

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Defendant.

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On March 21,2013, 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 forma pauperis be allowed, and that plaintiff's complaint be dismissed as frivolous. Neither party
filed objections to the M&R.
"The Federal Magistrates Act requires a district court to make a de novo determination of
those portions of the [magistrate judge's] report or specified proposed findings or recommendations
towhichobjectionismade." Diamond v. ColonialLife&Accidentlns. 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 itself that 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. The court is satisfied that there is no clear
error on the face of the record. The court adopts the M&R. Plaintiff's application to proceed in

forma pauperis is GRANTED, and plaintiff's complaint is DISMISSED as frivolous. The Clerk of
Court shall close the case.
SO ORDERED. This .J..:!. day of April2013.

JSC.DEVERill
Chief United States District Judge

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