BLACK v. THE UNITED STATES ARMY et al

Filing 8

ORDER signed by JUDGE N. C. TILLEY, JR on 01/23/2014 adopting the Recommendation [Doc. # 5 ] in full and Plaintiff's complaint is hereby DISMISSED. (Garland, Leah)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
WILLIAM REID BLACK,
Plaintiff,
v.
UNITED STATES ARMY, et al.
Defendants.

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1:13cv889

ORDER ADOPTING RECOMMENDATION
Plaintiff William Reid Black filed his Application to Proceed IFP [Doc. #1] and
Complaint [Doc. # 2] on October 4, 2013. Additional attachments to the
Complaint were filed by Plaintiff on October 8, 2013 [Doc. # 4]. On October 17,
2013, the Magistrate Judge issued a Recommendation [Doc. # 5] that Plaintiff’s
Application for Leave to Proceed In Forma Pauperis and Affidavit/Declaration in
Support be granted for the limited purpose of allowing the Court to consider a
recommendation of dismissal, and a Recommendation that the action be dismissed
pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). The Plaintiff timely objected [Doc. # 7].
A court is not required to conduct a de novo review where objections to the
recommendation of the Magistrate Judge are general and conclusory. See Orpiano
v. Johnson, 687 F.2d 44, 47 (4th Cir.1982) (citing United States v. Merz, 376
U.S. 192 (1964)). In this case, Plaintiff’s objection simply reiterates the claims in
the complaint and his request for relief.

Notwithstanding Mr. Black’s failure to object properly, and in consideration
of the fact that he is proceeding pro se, the Court carefully reviewed the
Magistrate Judge’s Recommendation and the pleadings. Based on this review, the
Court finds the Magistrate Judge’s Recommendation to be an accurate reflection of
the law. The Recommendation [Doc. # 5] is therefore adopted in full and Plaintiff’s
complaint is hereby DISMISSED.

This the 23rd day of January, 2014.

/s/ N. Carlton Tilley, Jr.
Senior United States District Judge