Young v. Stein

Filing 6

ORDER adopting Report and Recommendations regarding 5 Memorandum and Recommendations; finding as moot 1 Motion for Leave to Proceed in forma pauperis. The magistrate judge recommends dismissal of plaintiff's claims due to failure to prosecute after being notified of various deficiencies in her filings by the courts March 5, 2021 order. Upon careful review of the M&R, the court finds the magistrate judges analysis to be thorough, and there is no clear error. Th e court hereby ADOPTS the recommendation of the magistrate judge as its own. For the reasons stated therein, plaintiff's complaint is DISMISSED WITHOUT PREJUDICE. The clerk of court is DIRECTED to close the case. Signed by District Judge Louise Wood Flanagan on 6/7/2021.(Pro se party has consented to receiving electronic service of all motions, notices, orders, and documents in civil cases in the Eastern District of North Carolina.) (Collins, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO. 5:20-CV-540-FL
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Plaintiff,
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v.
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JOSH STEIN, in his official capacity as )
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attorney general of North Carolina,
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Defendant.
HUGUETTE NICOLE YOUNG,

ORDER

This matter is before the court for review of plaintiff’s pro se complaint (DE 1) pursuant
to 28 U.S.C. § 1915(e). United States Magistrate Judge Kimberly A. Swank entered memorandum
and recommendation (“M&R”), pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil
Procedure 72(b), wherein it is recommended that plaintiff’s complaint be dismissed. (DE 5).
Plaintiff did not file objections to the M&R, and the time within which to make any objection has
expired. In this posture, the issues raised are ripe for ruling.
Upon a careful review of the M&R, the court may “accept, reject, or modify, in whole or
in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1).
Because no objections have been filed, the court reviews the magistrate judge’s findings and
conclusions only for clear error, and need not give any explanation for adopting the M&R.
Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005); Camby v. Davis,
718 F.2d 198, 200 (4th Cir. 1983).

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Here, the magistrate judge recommends dismissal of plaintiff’s claims due to failure to
prosecute after being notified of various deficiencies in her filings by the court’s March 5, 2021
order. Upon careful review of the M&R, the court finds the magistrate judge’s analysis to be
thorough, and there is no clear error. The court hereby ADOPTS the recommendation of the
magistrate judge as its own. For the reasons stated therein, plaintiff’s complaint is DISMISSED
WITHOUT PREJUDICE. The clerk of court is DIRECTED to close the case.
SO ORDERED, this the 7th day of June, 2021.

_____________________________
LOUISE W. FLANAGAN
United States District Judge

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