Rychenko v. Burnette et al

Filing 17

ORDER that 16 Memorandum and Recommendation is ACCEPTED; 12 Motion to Dismiss is GRANTED; and this action is hereby DISMISSED WITH PREJUDICE. Signed by District Judge Martin Reidinger on 3/3/2017. (Pro se litigant served by US Mail.)(khm)

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THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL CASE NO. 1:16-cv-00214-MR-DSC PYOTR MIKHAIL RYCHENKO, ) ) Plaintiff, ) ) vs. ) ) MELODY BOYD BURNETTE, et al., ) ) Defendants. ) _______________________________ ) ORDER THIS MATTER is before the Court on the Defendants’ Motion to Dismiss [Doc. 12] and the Magistrate Judge’s Memorandum and Recommendation [Doc. 16] regarding the disposition of that motion. Pursuant to 28 U.S.C. § 636(b) and the standing Orders of Designation of this Court, the Honorable David S. Cayer, United States Magistrate Judge, was designated to consider the motion to dismiss and to submit a recommendation for its disposition. On January 12, 2017, the Magistrate Judge filed a Memorandum and Recommendation in this case containing conclusions of law in support of a recommendation regarding the motion to dismiss. [Doc. 16]. The parties were advised that any objections to the Magistrate Judge’s Memorandum and Recommendation were to be filed in writing within fourteen (14) days of service. The period within which to file objections has expired, and no written objections to the Memorandum and Recommendation have been filed. After a careful review of the Magistrate Judge’s Recommendation, the Court finds that the proposed conclusions of law are consistent with current case law. Accordingly, the Court hereby accepts the Magistrate Judge’s recommendation that the motion to dismiss should be granted. IT IS, THEREFORE, ORDERED that the Memorandum and Recommendation [Doc. 16] is ACCEPTED; the Motion to Dismiss [Doc. 12] is hereby GRANTED; and this action is hereby DISMISSED WITH PREJUDICE. IT IS SO ORDERED. Signed: March 3, 2017 2

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