Lemon v. Holloman et al

Filing 12

ORDER granting 6 Motion for Leave to Proceed in forma pauperis; adopting 10 Memorandum and Recommendations; granting 11 Motion for Relief from Judgment and Notice of Dismissal. Signed by Chief Judge James C. Dever III on 7/17/2017. (Briggeman, N.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION No. 7:16-CV-404-D ANTONIA-DEWANYE LEMON, Plaintiff, v. ) ) ) ) ) PATRICIAHOLLOMAN, COLUMBIA FIDUCIARY lillB, and HENRY MACRI, Defendants. ORDER ) ) ) ) ) ) On June 12, 2017, Magistrate Judge Numbers issued a Memorandum and Recommendation ("M&R") [D.E. 10]. In that M&R, Judge Numbers recommended that plaintiff's application to proceed in forma pauperis [D.E. 6] be granted and that the complaint [D.E. 1-1] be filed. On June 16, 2017, plaintiff filed a "notice of dismissal motion for relief from judgment" [D.E. 11]. I "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. ColonialLife&Accidentlns. Co., 416 F.3d310, 315 (4th Cir. 2005) (emphasis, alteration, and quotation omitted); see 28 U.S.C. ยง 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. The court ADOPTS the conclusions in the M&R [D.E. 10]. Plaintiffs application to proceed in forma pauperis [D.E. 6] is GRANTED, and the complaint [D.E. 1-1] i~ deemed to be filed. Lemon's notice of dismissal [D.E. 11] is GRANTED. See Fed. R. Civ. P. 41(a)(1)(A)(i). The clerk shall close the case. SO ORDERED. This l, day of July 2017. 2

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