Glover-Armstead v. State of NC Durham PD/Sheriff Dept via Duke ER via Transport JUH

Filing 9

ORDER adopting 6 Memorandum and Recommendations and dismissing the complaint 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-363-D

SHARRON MARIE GLOVERARMSTEAD, JR.,
Plaintiff,

v.
STATE OF NC DURHAM PD, et al.,
Defendants.

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ORDER

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 fmdings or recommendations
towhichobjectionismade." 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 itself that there is no
clear error on the face of the 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. Plaintiffs 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

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day of April2013.

as"c: DE~rrt"<l.-'1

Chief United States District Judge

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