Persichetti v. UPS

Filing 7

ORDER adopting 4 Memorandum and Recommendations. Signed by District Judge Terrence W. Boyle on 1/8/2021. Copy sent via US Mail to Christian Persichetti 127 Leeward Ln. 2E, Hampstead, NC 28443. (Stouch, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
No. 7:20-CV-209-BO
CHRISTIAN PERSICHETTI,
Plaintiff,
V.

UPS ,
Defendant.

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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
filed , 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 because the claims are time-barred.
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. § 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 .

Case 7:20-cv-00209-BO Document 7 Filed 01/08/21 Page 1 of 2

CONCLUSION
The M&R of Judge Jones is ADOPTED. [DE 4]. Plaintiffs application to proceed informa

pauperis is GRANTED and plaintiffs claims are DISMISSED because plaintiff filed his Equal
Employment Opportunity Commission claim more than 180 days after the alleged discriminatory
conduct occurred. The clerk is DIRECTED to close the case.
SO ORDERED, this the_:/,_ day of January, 2021.

~vdi~
UNITED STATES DISTRIC

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