RIGGSBEE v. UNITED STATES OF AMERICA

Filing 9

ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 1/6/2015 adopting the Magistrate Judge's Recommendation 4 ; that Plaintiff's complaint (Doc. 2 ) be, and is hereby, DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B) for failing to state a claim upon which relief may be granted. A Judgment dismissing this action will be entered contemporaneously with this Order. (Sheets, Jamie)

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

AVERY M. RIGGSBEE,
Plaintiff,
v.
UNITED STATES OF AMERICA,
et al.,
Defendant(s).

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1:14CV563

ORDER
On August 1, 2014, the United States Magistrate Judge=s
Recommendation was filed and notice was served on the parties
pursuant to 28 U.S.C. § 636.

(Docs. 4 and 5.)

Plaintiff timely

filed objections on August 13, 2014 (Doc. 7) to the
Recommendation.

However, on September 24, 2014 and January 2,

2015, Plaintiff filed untimely objections (Docs. 6 and 8) to the
Recommendation. See Fed. R. Civ. P. 72(b)(2) (“Within 14 days
after being served with a copy of the recommended disposition, a
party may serve and file . . . objections.”).
This court has appropriately reviewed the portions of the
Recommendation to which objections were made and has made a
de novo determination which is in accord with the Magistrate
Judge=s Recommendation.
Recommendation.

This court therefore adopts the

IT IS THEREFORE ORDERED that Plaintiff’s complaint (Doc. 2)
be, and is hereby, DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)
for failing to state a claim upon which relief may be granted. A
Judgment dismissing this action will be entered contemporaneously
with this Order.
This the 6th day of January, 2015.

_______________________________________
United States District Judge

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