Solomon v. Raleigh Police Department

Filing 7

ORDER adopting 6 Memorandum and Recommendations; granting 1 Motion for Leave to Proceed in forma pauperis; DISMISSING plaintiff's complaint as frivolous. The clerk shall close the case. Signed by Chief Judge James C. Dever III on 12/28/2016. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:16-CV-163-D

PATRICKSOLOMON,
Plaintiff,

v.

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RALEIGH POLICE DEPARTMENT,
Defendants.

ORDER

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On November 4, 2016, Magistrate Judge Numbers issued a Memorandum and
Recommendation ("M&R")and recommended that plaintiff's application to proceed in forma
pauperis be granted and that the complaint be dismissed as frivolous [D.E. 6]. No objections were
filed.
"The Federal Magistrates Act requires a district court to make a de novo determination of
those portions of the magistrate judge's report or specifie~ proposed findings or recommendations
to which objection is made." Diamond v. Colonial Life & Accident Ins. Co., 416 F .3d 310, 315 (4th
Cir. 2005) (emphasis, alteration, and quotation omitted); see 28 U.S.C. § 636(b). 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 of the record in order to accept the recommendation." Diamond,
416 F.3d at 315 (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 and adopts the conclusions in the M&R.

In sum, plaintiffs applications to proceed in forma pauperis [D.E. 1, 5] are GRANTED. The
court ADOPTS the conclusions in the M&R [D.E. 6] and DISMISSES plaintiffs complaint as
frivolous. The clerk shall close the case.
SO ORDERED. This 2.8 day of December 2016.

Chief United States District Judge

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