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)

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.

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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

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