Barrow v. Branch Banking & Trust Company
Filing
26
ORDER dismissing as moot 6 Motion to Dismiss ; terminating 11 Motion to Amend/Correct; granting 13 Memorandum and Recommendations and Order. Signed by District Judge Robert J. Conrad, Jr on 6/19/17. (ssh)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:16-cv-00675-RJC-DCK
RASCHECA BARROW,
Plaintiff,
v.
BRANCH BANKING & TRUST COMPANY,
Defendant.
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ORDER
THIS MATTER comes before Defendant’s Motion to Dismiss, (Doc. No. 6), and the
Magistrate Judge’s Memorandum, Recommendation, and Order (“MR&O”), (Doc. No. 13),
granting Plaintiff’s Unopposed Motion to Amend Complaint, (Doc. No. 11), and recommending
that this Court deny as moot Defendant’s Motion to Dismiss. The parties have not filed
objections to the MR&O and the time for doing so has expired. Fed. R. Civ. P. 72(b)(2).
I.
BACKGROUND
No party has objected to the Magistrate Judge’s statement of the factual and procedural
background of this case. Therefore, the Court adopts the facts as set forth in the MR&O. The
Court adds that since the Magistrate Judge’s MR&O, Plaintiff filed her an amended complaint
pursuant to the MR&O, (Doc. No. 14), and Defendant filed a second motion to dismiss, (Doc.
No. 17), which is pending before Magistrate Judge Keesler.
II.
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).
Yet, “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
note).
III.
DISCUSSION
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. A party’s failure to make a timely objection is accepted as an agreement with the
conclusions of the Magistrate Judge. See Thomas v. Arn, 474 U.S. 140, 149–50 (1985). No
objection to the MR&O 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 MR&O. Nevertheless, this
Court has conducted a full review of the MR&O 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.
IV.
CONCLUSION
IT IS, THEREFORE, ORDERED that:
1. The Magistrate Judge’s MR&O, (Doc. No. 13), is ADOPTED; and
2. Defendant’s First Motion to Dismiss, (Doc. No. 6), is DISMISSED as moot.
Signed: June 19, 2017
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