Bussie v. Andrews et al

Filing 14

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS: The Court has adopted US Magistrate Judge William A. Webb's 11 Memorandum and Recommendation that the plaintiff's complaint did not state any coherent claims and was frivolous. The plaintiff's complaint is DIMISSED, and the clerk is directed to close the case. Signed by US District Judge Terrence W. Boyle on 8/30/2013. Copy mailed to pro se plaintiff 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. 5:13-CV-322-BO ANTHONY BUSSIE, Plaintiff, v. DEPARTMENT OF THE AIR FORCE, et al., Defendants. ) ) ) ) ) ) ) ) ORDER This matter is before the Court on the Memorandum and Recommendation ("M&R") of United States Magistrate Judge William A. Webb [DE 11] dismissing plaintiffs complaint after frivolity review pursuant to 28 U.S.C. § 1915 (e)(2)(B). Plaintiff has not filed any objections to Judge Webb's M&R. This matter is ripe for adjudication. The Court ADOPTS the M&R and DISMISSES plaintiffs prose complaint. The Court adopts the M&R because the plaintiff not made any objections to it and because the M&R is not clearly erroneous or contrary to law. 28 U.S.C. § 636 (b)(1)(B). A complaint is frivolous if"it lacks an arguable basis either in law or fact." Neitzke v. Williams, 490 U.S. 319, 325 (1989). In making a frivolity determination, a court may designate a magistrate judge to submit proposed findings of fact and recommendations. 28 U.S.C. 636 (b)(1 )(B). A district court is only required to review an M&R de novo if the plaintiff specifically objects to it or in cases of plain error.Jd; Thomas v, Arn, 474 U.S. 140, 149-50 (1985). Here, the Magistrate Judge committed no plain error. The M&R properly found that the plaintiffs 1 complaint did not state any coherent claims and was frivolous. As such, the Magistrate Judge properly recommended dismissal of plaintiffs complaint. CONCLUSION The Court ADOPTS the Magistrate Judge's recommendations [DE 11]. The plaintiffs complaint is DISMISSED. The clerk is DIRECTED to close the case. SO ORDERED. This th&_ day of August, 2013. ~w.ttr JUD~ T NCE W. BOYLE UNITED STATES DISTRICT 2

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