DUPREE v. CITY OF LEXINGTON POLICE DEPARTMENT

Filing 7

ORDER signed by JUDGE WILLIAM L. OSTEEN JR. on 9/24/12, adopting the Recommendation, that the Magistrate Judge's Recommendation (Doc. 4 ) is ADOPTED. FURTHER that this action is DISMISSED WITHOUT PREJUDICE under 28 U.S.C. § 1915(e)(2), as frivolous, for failing to state a claim, and due to the immunity of a Defendant. A Judgment dismissing this action will be entered contemporaneously with this Order. (Law, Trina)

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

ANTHONY DUPREE, JR.,
Plaintiff,
v.
CITY OF LEXINGTON POLICE
DEPT., et al.,
Defendants.

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1:12CV345

ORDER
This matter is before this court for review of the
Memorandum Opinion, Order and Recommendation (“Recommendation”)
filed on May 17, 2012, by the Magistrate Judge in accordance with
28 U.S.C. § 636(b).

(Doc. 4.)

In the Recommendation, the

Magistrate Judge recommends that this action be dismissed without
prejudice under 28 U.S.C. § 1915(e)(2), as frivolous, for failing
to state a claim, and due to the immunity of a Defendant.

The

Recommendation was served on the parties to this action on
May 18, 2012.

Plaintiff filed timely objections (Doc. 6) to the

Recommendation.
This court is required to “make 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 “may 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. 4) is ADOPTED.

IT IS FURTHER ORDERED that

this action is DISMISSED WITHOUT PREJUDICE under 28 U.S.C.
§ 1915(e)(2), as frivolous, for failing to state a claim, and due
to the immunity of a Defendant.
A Judgment dismissing this action will be entered
contemporaneously with this Order.
This the 24th day of September, 2012.

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United States District Judge

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