Phillips v. Creative WebSite Studios et al

Filing 48

ORDER adopting 42 Memorandum and Recommendation. Plaintiff's motion for summary judgment [DE 31] is DENIED. Signed by Chief U.S. District Judge Richard E. Myers II on 9/23/2024. (McNally, Kimberly)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
Case No. 5:23-CV-00568-M-BM
JEFFREY WAYNE PHILLIPS,
Plaintiff,
V.

CREATIVE WEBSITE STUDIOS, et al. ,
Defendants.

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ORDER

This matter comes before the court on pro se plaintiff Jeffrey Wayne Phillips' ("Plaintiff')
motion for summary judgment [DE 31]. Pursuant to 28 U.S.C. § 636(b)(l)(B) and Federal Rule of
Civil Procedure 72(b), United States Magistrate Judge Brian S. Meyers entered a memorandum
and recommendation ("M&R") [DE 42], recommending that the court deny Plaintiffs motion [DE
31]. Plaintiff has not filed any objections to the M&R. 1
A magistrate judge' s recommendation carries no presumptive weight. The court "may
accept, reject, or modify, in whole or in part, the . .. recommendation[] ... receive further evidence
or recommit the matter to the magistrate judge with instructions." 28 U.S.C. § 636(b)(l); accord
Mathews v. Weber, 423 U.S. 261 , 271 (1976). The court "shall make a de novo determination of

those portions of the report or specified proposed findings or recommendations to which objection
is made." Id. § 636(b)(l). The court does not perform a de novo review where a party makes only
"general and conclusory objections that do not direct the court to a specific error in the magistrate's
proposed findings and recommendations." Stokes v. Berryhill, 294 F. Supp. 3d 460, 462 (E.D.N.C.

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Plaintiff did file written objections [DE 43] [DE 44] to Magistrate Judge Meyers' separate memorandum
and recommendation [DE 41] regarding dismissal of defendant Saira Ali. No objections were received
regarding the instant M&R.

2018) (quoting Orpiano v. Johnson, 687 F.2d 44, 47 (4th Cir.1982)). Absent a specific and timely
objection, the court reviews only for "clear error" and need not give any explanation for adopting
the recommendation. Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir.
2005).
Upon careful review of the M&R and the record presented, and finding no clear error, the
court ADOPTS the recommendation of the magistrate judge as its own. For the reasons stated
therein, it is hereby ORDERED that Plaintiffs motion for summary judgment [DE 31] is
DENIED.
SO ORDERED this

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of September, 2024.

RICHARD E. MYERS II
CHIEF UNITED STA TES DISTRICT JUDGE

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