Olavarria v. State of North Carolina

Filing 8

ORDER - Plaintiff's application to proceed in forma pauperis [D.E. 1] is GRANTED, plaintiff's objections to the M&R [D.E. 6, 7] are OVERRULED, and plaintiff's complaint [D.E. 1-1] is DISMISSED without prejudice. Plaintiff's motion to amend [D.E. 6,7] is GRANTED. Plaintiff must file his amended complaint not later than June 18, 2018. Signed by Chief Judge James C. Dever III on 5/19/2018. (Briggeman, N.)

IN Tiffi UNITED STATES DISTRICT COURT
FOR Tiffi EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:17-CV-590-D
REINALDO OLAVARRIA,

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Plaintiff,

v.
STATE OF NORTH CAROLINA,
Defendant.

ORDER

OnApri112, 2018, Magistrate Judge Numbers issued a Memorandum and Recommendation
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("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. 5]. On Apri125, 2018, plaintiff filed an answer
to the M&R and a motion to amend [D.E. 6], and a second answer to the M&R and motion to amend
[D.E. 7].
"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
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, the record, and plaintiff's objections. As for those
portions ofthe M&R to which plaintiffmade no objection, the court is satisfied that there is no clear
error on the face of the record. As for the objections, plaintiff appears to concede that the analysis

in the M&R is correct and seeks to amend his complaint. See [D.E. 6, 7].
In sum, plaintiff's application to proceed in forma pauperis [D.E. 1] is GRANTED,.

plaintiff's objections totheM&R [D.E. 6, 7] are OVERRULED, and plaintiff's complaint [D.E. 1-1]
is DISMISSED without prejudice. Plaintiff's motion to amend [D.E. 6,7] is GRANTED. Plaintiff
must file his amended complaint not later than June 18, 2018.
SO ORDERED. This .J.1 day of May 2018.

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