COVINGTON v. HAWKINGS et al
Filing
6
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 11/17/2022; that the Magistrate Judge's Recommendation, (Doc. 3 ), is ADOPTED. IT IS FURTHER ORDERED that Plaintiff's Complaint, (Doc. 2 ), be, and the same is hereby, DISMISSED pursuant to 28 U.S.C. § 1915A for failure to state a claim upon which relief can be granted. A Judgment dismissing this action will be entered contemporaneously with this Order. (Carter, Alexus)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
MARCUS WAYNE COVINGTON,
Plaintiff,
v.
JOHNNY HAWKINS, et al.,
Defendant(s).
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1:22-cv-672
ORDER
This matter is before this court for review of the Order
and Recommendation filed on September 2, 2022, by the Magistrate
Judge in accordance with 28 U.S.C. § 636(b). (Doc. 3.) In the
Recommendation, the Magistrate Judge recommends that this action
be dismissed pursuant to 28 U.S.C. § 1915A for failing to state
a claim upon which relief may be granted. The Recommendation was
served on the parties to this action on September 2, 2022, (Doc.
4). Plaintiff filed objections, (Doc. 5), 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.
Case 1:22-cv-00672-WO-JLW Document 6 Filed 11/17/22 Page 1 of 2
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. This court therefore adopts the
Recommendation.
IT IS THEREFORE ORDERED that the Magistrate Judge’s
Recommendation, (Doc. 3), is ADOPTED.
IT IS FURTHER ORDERED that Plaintiff’s Complaint, (Doc. 2),
be, and the same is hereby, DISMISSED pursuant to 28 U.S.C. §
1915A for failure to state a claim upon which relief can be
granted.
A Judgment dismissing this action will be entered
contemporaneously with this Order.
This the 17th day of November, 2022.
________________________________
United States District Judge
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Case 1:22-cv-00672-WO-JLW Document 6 Filed 11/17/22 Page 2 of 2
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