Hill v. McGuire

Filing 6

ORDER adopting 4 Memorandum and Recommendations. Signed by District Judge Terrence W. Boyle on 3/31/2021. Copy sent via US Mail to Larry Darnell Hill, Jr. at 2600 South Church St., Rocky Mount, NC 27803. (Stouch, L.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No . 5:2 1-CV-33-BO LARRY DARNELL HILL, JR., Plaintiff, V. WILLIAM MCGUIRE, Defendant. ) ) ) ) ) ) ) ) ) ) ORDER This matter is before the Court on the Memorandum and Recommendation (M&R) of United States Magistrate Judge Robert B. Jones, Jr. [DE 4]. No objections to the M&R have been fi led, and the matter is ripe for review. For the reasons discussed below, the Court adopts the M&R in its entirety and plaintiff's complaint is dismissed for failure to state a claim. A district court is required to review de novo those portions of an M&R to which a party timely files specific objections or where there is plain error. 28 U.S.C. ยง 636(b)(l); Thomas v. Arn, 474 U.S. 140, 149-50 (1985). " [I]n the absence of a timely filed objection, a district court need not conduct de novo review, but instead must only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation." Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (internal quotation and citation omitted). No party has objected to the M&R, and the time for doing so has passed. The Court has reviewed the M&R and is satisfied that there is no clear error on the face of the record. Accordingly, the M&R is ADOPTED . CONCLUSION The M&R of Judge Jones is ADOPTED. [DE 4]. Plaintiffs application to proceed informa pauperis is GRANTED and plaintiffs complaint is DISMISSED because plaintiffs claims do not rise above mere speculation. The Clerk is DIRECTED to close the case. SO ORDERED, this the _JL day of March, 2021. T RRENCE W. BOYLE UNITED STATES DISTRIC 2

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