Poursaied v. Summermill at Falls River-Banner Apartment Buildings

Filing 34

ORDER adopting 31 Memorandum and Recommendations; granting in part and denying in part 16 Motion to Dismiss for Failure to State a Claim. Signed by Chief Judge James C. Dever III on 3/1/2018. Sent to Shahnaz Poursaied at 3930 Pulaski Pike Apt. C-14 Huntsville, AL 35810 via US Mail. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DMSION
No. 5:17-CV-115-D

SHAHNAZ POURSAIED,
Plaintiff,

v.

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)
)
)

)

ORDER

)
SUMMERVILLE AT FALLS RIVER)
BANNER APARTMENT BUILDINGS, )
)
Defendant. )

On February 14, 2018, Magistrate Judge Gates issued a Memorandum and Recommendation
("M&R") and recommended that defendant's motion to dismiss be allowed in part and denied in
part. See [D.E. 31]. Neither party objected to the M&R.
"The Federal Magistrates Act requires a district court to make a de novo determination of
those portions ofthe [magistrate judge's] report or specified proposed findings or recommendations
towhichobjectionismade." Diamond v. ColonialLife&Accidentlns. Co., 416F.3d310, 315 (4th
Cir. 2005) (alteration in original) (e111phasis removed) (quotation omitted). Absent a timely
objection, "a district~ourt 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." Id.
(quotation omitt~d).
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. Accordingly, the court adopts the conclusions in the M&R.
Defendant's motion to dismiss [D.E. 16] is GRANTED IN PART and DENIED IN PART.

SO ORDERED. This _t day of March 2018.

J

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