King v. CMH Homes, Inc.

Filing 32

ORDER adopting 28 Memorandum and Recommendations; dismissing as moot 29 Motion to Modify Scheduling Order. Signed by Chief Judge James C. Dever III on 7/17/2017. (Briggeman, N.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:16-CV-693-D WILTON LLOYD KING, Plaintiff, v. CMH HOMES, INC., Defendant. ) ) ) ) ) ) ) ) ) ORDER On June 21, 2017, Magistrate Judge Jones issued a Memorandum and Recommendation ("M&R") [D.E. 28]. In that M&R, Judge Jones recommended that the case be dismissed with prejudice and that plaintiff and/or his counsel pay counsel for defendant $2,822.50 for expenses incurred in bringing defendant's motion to compel [D.E. 17] and for failing to comply with the court's order [D.E.19]. See M&R at 11. Neither party objected 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. Colonial Life &Accident Ins. Co., 416 F.3d310, 315 (4th Cir. 2005) (emphasis, alteration, and quotation omitted); see 28 U.S.C. ยง 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. The court ADOPTS the conclusions in the M&R [D.E. 28]. Plaintiff's complaint is DISMISSED with prejudice. Plaintiff's counsel is ORDERED to pay counsel for defendant $2,822.50 by July 21, 2017. Defendant's contingent motion to modify the scheduling order [D.E. 29] is DISMISSED as moot. The clerk shall close the case. SO ORDERED. This .J..J day of July 2017. 2

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