Holmes v. Medicredit Inc.
ORDER denying 9 Motion for Judgment on the Pleadings; affirming 16 Memorandum and Recommendations. Signed by District Judge Robert J. Conrad, Jr on 9/30/2015. (Pro se litigant served by US Mail.)(eef)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ERNEST HOLMES, III,
THIS MATTER comes before the Court on Defendant’s Motion for Judgment on the
Pleadings, (Doc. No. 9), and the Magistrate Judge’s Memorandum and Recommendation
(“M&R”), (Doc. No. 16), recommending that this Court deny Defendant’s Motion. The parties
have not filed objections to the M&R and the time for doing so has expired. Fed. R. Civ. P.
Neither party has objected to the Magistrate Judge’s statement of the factual or
procedural background of this case. Therefore, the Court adopts the facts as set forth in the
STANDARD OF REVIEW
A district court may assign dispositive pretrial matters, including motions to dismiss, to a
magistrate judge for “proposed findings of fact and recommendations.” 28 U.S.C.
§ 636(b)(1)(A) & (B). The Federal Magistrate Act provides that a district court “shall make a de
novo determination of those portions of the report or specified proposed findings or
recommendations to which objection is made.” Id. § 636(b)(1)(C); Fed. R. Civ. P. 72(b)(3).
However, “when objections to strictly legal issues are raised and no factual issues are challenged,
de novo review of the record may be dispensed with.” Orpiano v. Johnson, 687 F.2d 44, 47 (4th
Cir. 1982). De novo review is also not required “when a party makes general or conclusory
objections that do not direct the court to a specific error in the magistrate judge’s proposed
findings and recommendations.” Id. Similarly, when no objection is filed, “a district court need
not conduct a de novo review, but instead must ‘only satisfy itself that there is no clear error on
the face of the record in order to accept the recommendation.’” Diamond v. Colonial Life &
Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72, advisory committee
Under Rule 72(b) of the Federal Rules of Civil Procedure, a district court judge shall
make a de novo determination of any portion of an M&R to which specific written objection has
been made. No objection to the M&R having been filed, and the time for doing so having
passed, the parties have waived their right to de novo review of any issue covered in the M&R.
Nevertheless, this Court has conducted a full and careful review of the M&R and other
documents of record and, having done so, hereby finds that the recommendation of the
Magistrate Judge is, in all respects, in accordance with the law and should be approved.
Accordingly, the Court ADOPTS the recommendation of the Magistrate Judge as its own.
IT IS, THEREFORE, ORDERED that the Magistrate Judge’s M&R, (Doc. No. 16), is
ADOPTED, and Defendant’s Motion for Judgment on the Pleadings, (Doc. No. 9), is DENIED.
Signed: September 30, 2015
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