TERRY v. SWIFT TRANSPORTATION

Filing 34

ORDER signed by JUDGE N. C. TILLEY, JR on 07/06/2017 adopting the Magistrate Judge's Recommendation, that Defendant's Motion to Dismiss [Doc. # 10 ] is GRANTED IN PART and DENIED IN PART, in that all claims, except Plaintiff's defamation claim, are DISMISSED. (Garland, Leah)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
SEAN V. TERRY,
Plaintiff,
v.
SWIFT TRANSPORTATION,
Defendant.

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1:16CV256

ORDER
On March 14, 2017, the United States Magistrate Judge’s Memorandum
Opinion, Order, and Recommendation (“Recommendation”) was filed and notice
was served on the parties pursuant to 28 U.S.C. § 636. [Doc. #31.] On March
30, 2017, pro se Plaintiff Sean V. Terry filed a Response to the Recommendation
which raises “a couple of questions, an objection, and a recommendation.” [Doc.
#32.] It seems as though Mr. Terry’s objection relates to Defendant Swift
Transportation’s (“Swift”) use of the word “ignorance” in its briefing and Mr.
Terry’s equating this use with racist comments. (Id.) To the extent Mr. Terry has
made specific objections to the Recommendation, the Court has made a de novo
determination that none of Mr. Terry’s concerns affect the Court’s acceptance of
the Magistrate Judge’s report. Further, Swift did not file any Objections to the
Recommendation.1 Therefore, the Court adopts the Recommendation.

 On April 13, 2017, Swift did file a Response to Plaintiff’s Objections [Doc.
#33], but no objections to the Recommendation.  
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For the reasons stated herein, IT IS HEREBY ORDERED that Defendant’s
Motion to Dismiss [Doc. #10] is GRANTED IN PART and DENIED IN PART, in that
all claims, except Plaintiff’s defamation claim, are DISMISSED.
This the 6th day of July, 2017.

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

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