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Slep-Tone Entertainment Corp. v. Powers

United States District Court, E.D. North Carolina, Western Division

May 16, 2014

SLEP-TONE ENTERTAINMENT CORPORATION, Plaintiff,
v.
NONA POWERS, STEPHEN WINN, COLLIN YARBROUGH, RICK BAREFOOT, and STEVEN PENNY, Defendants.

ORDER

TERRENCE W. BOYLE, District Judge.

This cause comes before the Court following referral to United States Magistrate Judge James Gates for memorandum and recommendation on defendant Collin Yarbrough's motion for partial summary judgment. 28 U.S.C. § 636(b)(1)(B). Judge Gates filed a memorandum and recommendation (M&R) on April 3, 2014, and no party has filed any objections thereto.

A district court is required to review de novo those portions of an M&R to which a party timely files specific objections or where there is plain error. 28 U.S.C. § 636(b)(1); Thomas v. Arn, 474 U.S. 140, 149-50 (1985). De novo review is not required when an objecting party makes only general or conclusory objections that do not direct a court to a specific error in the magistrate judge's recommendations. Orpiano v. Johnson, 687 F.2d 44, 47 (4th Cir. 1982). Further, when "objections to strictly legal issues are raised and no factual issues are challenged, de novo review may be dispensed with." Id.

As no objections were filed, the Court has reviewed the M&R for plain error and finds none. Accordingly, the Court ADOPTS the M&R [DE 100] and DENIES defendant Yarbrough's motion for partial summary judgment. [DE 94]. As the time for filing dispositive motions in this matter has passed, the clerk is DIRECTED to refer this matter for pretrial conference.

SO ORDERED.


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