BOYKINS v. LOCKLEAR et al

Filing 7

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 03/26/2024, that the Magistrate Judge's Recommendation, (Doc. 4 ), is ADOPTED. IT IS FURTHER ORDERED that Plaintiff's Complaint, (Doc. 3 ), is DISMISSED pursuant to 28 U.S.C. § 1915A for failing to state a claim upon which relief may be granted. A Judgment dismissing this action will be filed contemporaneously with this Order. (cc)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA RODERICK BOYKINS, Plaintiff, v. S.R.G. CAPTAIN LOCKLEAR, (FNU SCOTT) MS. SCOTT, DEAN LOCKLEAR, and TAMARA RUSH, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) 1:24-cv-174 ORDER This matter is before the court for review of the Order and Recommendation (“Recommendation”) filed on March 6, 2024, by the United States Magistrate Judge in accordance with 28 U.S.C. § 636(b). (Doc. 4.) The Recommendation was served on Plaintiff on March 6, 2024. (Doc. 5.) In the Recommendation, the Magistrate Judge recommends that Plaintiff’s Complaint should be dismissed pursuant to 28 U.S.C. § 1915A(b) because it fails to state a claim on which relief may be granted. Plaintiff filed timely Objections, (Doc. 6). 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.” The 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. Therefore, this Court therefore adopts the Magistrate Judge’s Recommendation. IT IS THEREFORE ORDERED that the Magistrate Judge’s Recommendation, (Doc. 4), is ADOPTED. IT IS FURTHER ORDERED that Plaintiff’s Complaint, (Doc. 3), is DISMISSED pursuant to 28 U.S.C. § 1915A for failing to state a claim upon which relief may be granted. A Judgment dismissing this action will be filed contemporaneously with this Order. This the 26th day of March, 2024. __________________________________ United States District Judge - 2 -

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