Carter v. Cooper

Filing 7

ORDER adopting 5 Memorandum and Recommendations; granting 1 Motion for Leave to Proceed in forma pauperis. Signed by Chief Judge James C. Dever III on 6/7/2018. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTII CAROLINA
WESTERN DMSION
No. 5:18-CV-182-D
DANIELLE A. CARTER,
Plaintiff,
v.
JENNIFER COOPER,
Defendant.

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·ORDER

On May 4, 2018, Magistrate Judge Jones 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 without prejudice for lack of subject-matter jurisdiction [D.E. 5].
On May 17, 2018, plaintiff filed objections to the M&R [D.E. 6].

"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." Diamondv. ColonialLife&Accidentlns. Co., 416F.3d310, 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 plaintiff made no objection, the court is satisfied that there is no clear
error on the face of the record. As for the objections, the court has reviewed the objections and the

M&R de novo. Plaintiff failed to establish subject-matter jurisdictio~ and her objections are
overruled.
In sum, plaintiff's application to proceed in forma pauperis [D.E. 1] is GRANTED,
plaintiff's objections to the M&R [D.E. 6] are OVERRULED, and plaintiff's complaint [D.E. 1-1]
is DISMISSED without prejudice for lack of subject-matter jurisdiction.
SO ORDERED. This _l_ day of June 2018.

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