Morgan v. Towne Properties, LLC (NC) et al

Filing 75

ORDER adopting 72 Memorandum and Recommendation, denying as moot 61 Motion for Reconsideration and 62 MOTION for Preliminary Injunction, and granting 16 First MOTION to Dismiss and 27 Motion to Dismiss. Signed by Chief U.S. District Judge Richard E. Myers II on 2/5/2024. (Copy of order mailed to Plaintiff.) (McNally, Kimberly)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Case No. 5:23-CV-00017-M-RJ ROBERT MORGAN, Plaintiff, ORDER V. TOWNE PROPERTIES, LLC, et al. , Defendants. This matter comes before the court on for review of the Order and Recommendation (the "Recommendation") filed on December 6, 2023 , by Magistrate Judge Robert B. Jones, Jr. in accordance with 28 U.S.C. § 636(b). DE 72. In the Recommendation, Judge Jones recommends that Defendants' motions to dismiss be granted and that Plaintiffs motion for reconsideration be denied as moot. Id. at 1, 23. The Recommendation, which includes instructions and a deadline for objections, was served on Plaintiff on December 6, 2023. See id. at 23-24. After the deadline for filing objections passed, Plaintiff moved for an extension of time to respond to the Recommendation. See DE 73. "Considering Plaintiffs pro se status, as well as his reported lack of PACER access, mail delays, and health issues," this court granted that motion. DE 74. Plaintiff then failed to file any objections to the Recommendation within the time permitted by the extension. 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), but need only "make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made," id. Notwithstanding that Plaintiff made no objections to the Recommendation, the court has reviewed the relevant motions and the Recommendation and made a de novo determination which is in accord with the Recommendation. The court therefore adopts the Recommendation in full. The Recommendation [DE 72] is hereby ADOPTED, and Defendants' motions to dismiss [DE 16; DE 27] are GRANTED. 1 Further, Plaintiffs motion for reconsideration [DE 61] is DENIED AS MOOT. SO ORDERED this ~day of February, 2024 . ~ <21 L /Vl'f-U'S ~..!!_ RICHARD E. MYERS II CHIEF UNITED STATES DISTRICT JUDGE 1 This disposition also renders moot Plaintiff's motion for injunction [DE 62], which is accordingly denied .

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