Krings v. AVL Technologies

Filing 10

ORDER that the 9 Memorandum and Recommendation is ACCEPTED, the Defendant's 5 Motion to Dismiss Plaintiff's Complaint is GRANTED; and this action is DISMISSED WITHOUT PREJUDICE. Signed by Chief Judge Martin Reidinger on 4/1/2021. (Pro se litigant served by US Mail.)(kby)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:20-cv-00259-MR-WCM

WILLIAM MARK KRINGS,

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Plaintiff,
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vs.
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AVL TECHNOLOGIES,
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Defendant.
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________________________________ )

ORDER

THIS MATTER is before the Court on the Defendant’s Motion to
Dismiss Plaintiff’s Complaint [Doc. 5] and the Magistrate Judge’s
Memorandum and Recommendation [Doc. 9] 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 W. Carleton Metcalf, United States Magistrate
Judge, was designated to consider the Defendant’s motion and to submit a
recommendation for its disposition.
On February 10, 2021, the Magistrate Judge filed a Memorandum and
Recommendation in this case containing conclusions of law in support of a
recommendation regarding the Defendant’s motion. [Doc. 9]. 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 now 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 Defendant’s Motion to Dismiss should be granted.
IT IS, THEREFORE, ORDERED that the Memorandum and
Recommendation [Doc. 9] is ACCEPTED; the Defendant’s Motion to
Dismiss Plaintiff’s Complaint [Doc. 5] is GRANTED; and this action is
DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED.
Signed: April 1, 2021

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