Wilder v. United States of America
ORDER adopting 5 Memorandum and Recommendations; granting 1 Motion for Leave to Proceed in forma pauperis. Plaintiff's complaint is DISMISSED. Signed by Chief Judge James C. Dever III on 12/28/2016. (Briggeman, N.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
LAWRENCE VERLINE WILDER, SR.,
UNITED STATES OF AMERICA,
On April14, 2015, Lawrence Verline Wilder ("Wilder" or "plaintiff") filed an application
to proceed in forma pauperis and a proposed complaint [D.E. 1]. On April 20, 2015, the court
referred plaintiff's application and proposed complaint to Magistrate Judge Gates for a
Memorandum and Recommendation ("M&R") [D.E. 4]. On November 7, 2016, Magistrate Judge
Gates issued an M&R and recommended that plaintiff's application to proceed in forma pauperis be
allowed and that plaintiff's complaint be dismissed for failure to state a claim upon which relief can
be granted [D.E. 5]. Plaintiff did not object to the M&R.
"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." Diamond v. Colonial Life &Accident Ins. Co., 416 F.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 and the record. The court is satisfied that there is no clear
error on the face of the record. Plaintiffs application to proceed in forma pauperis is GRANTED,
and plaintiffs complaint is DISMISSED. The clerk shall close the case.
SO ORDERED. This
day of December 2016.
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