STANCIK v. SECRETARY OF HEALTH AND HUMAN SERVICES et al

Filing 24

ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 03/28/2013, that the Magistrate Judge's Recommendation (Doc. 19 ) is ADOPTED. FURTHER that, as to Defendant Eric Holder, this action is dismissed without prejudice pursuant to Federal Rule of Civil Procedure 4(m). FURTHER that Defendant Secretary of Health and Human Services' motion for judgment on the pleadings (Doc. 6 ) is GRANTED and that this action is dismissed. A Judgment dismissing this action will be entered contemporaneously with this Order.(Taylor, Abby)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

EDWIN STANCIK,

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Plaintiff,
v.
SECRETARY OF HEALTH AND HUMAN
SERVICES and ERIC HOLDER, U.S.
Attorney General,
Defendant.

1:09CV488

ORDER
This matter is before this court for review of the
Memorandum Opinion and Recommendation (ARecommendation@) filed on
September 24, 2012, by the Magistrate Judge in accordance with
28 U.S.C. ' 636(b).

(Doc. 19.)

In the Recommendation, the

Magistrate Judge recommends that this action as to Defendant
Eric Holder be dismissed without prejudice pursuant to Federal
Rule of Civil Procedure 4(m) and that Defendant Secretary of
Health and Human Services’ motion for judgment on the pleadings
(Doc. 6) be granted and this action be dismissed.

The

Recommendation was served on the parties to this action on
September 24, 2012.

Plaintiff filed timely objections (Doc. 21)

to the Recommendation and Defendant Secretary of Health and

Human Services filed a response to Plaintiff’s objections.
(Doc. 22).1
This court is required to Amake a de novo determination of
those portions of the [Magistrate Judge=s] report or specified
proposed findings or recommendations to which objection is made.@
28 U.S.C. ' 636(b)(1).

This court Amay accept, reject, or

modify, in whole or in part, the findings or recommendations
made by the [M]agistrate [J]udge. . . . [O]r recommit the matter
to the [M]agistrate [J]udge with instructions.@

Id.

This court has appropriately reviewed the portions of the
Recommendation to which objection was made and has made a
de novo determination which is in accord with the Magistrate
Judge=s Recommendation.

This court therefore adopts the

Recommendation.
IT IS THEREFORE ORDERED that the Magistrate Judge=s
Recommendation (Doc. 19) is ADOPTED.

IT IS FURTHER ORDERED

that, as to Defendant Eric Holder, this action is dismissed

1

Plaintiff also filed a reply on March 8, 2013. (Doc. 23).
This court notes that replies are not permitted under the Local
Rules. See M.D.N.C. R. 72.4 (objections and responses to
recommendation or order). However, having reviewed Plaintiff’s
reply, this court finds that the Recommendation should still be
adopted.
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without prejudice pursuant to Federal Rule of Civil Procedure
4(m).

IT IS FURTHER ORDERED that Defendant Secretary of Health

and Human Services’ motion for judgment on the pleadings (Doc.
6) is GRANTED and that this action is dismissed.

A Judgment

dismissing this action will be entered contemporaneously with
this Order.
This the 28th day of March, 2013.

_______________________________________
United States District Judge

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