United States District Court, M.D. North Carolina
EMMIT L. MCNEILL, Plaintiff,
PTL. BRANDON SCOTT, JEREMY CLEARY, CORPORAL B. RODGER, SGT. TRACY GRADY, Defendants.
JAMES A. BEATY, Jr., District Judge.
On May 13, 2014, the United States Magistrate Judge's Memorandum Opinion, Order, and Recommendation [Doc. #41] was filed and notice was served on the parties pursuant to 28 U.S.C. § 636(b). In the Recommendation, the Magistrate Judge recommended that Defendant Brandon Scott and Defendant Jeremy Cleary's Motion to Dismiss Official Capacity Claims in Amended Complaint Against Defendants Scott and Cleary [Doc. #33] be granted, and that all official capacity claims against Defendants Cleary and Scott be dismissed. The Magistrate Judge also recommended that Defendants Scott and Cleary's Partial Motion to Dismiss the Official Capacity Claims [Doc. #27] be denied as moot. No objections were filed within the time limits prescribed by § 636.
In the absence of objections, this Court reviews the Recommendation only for clear error. See Diamond v. Colonial Life & Accident Ins. Co. , 416 F.3d 310, 315 (4th Cir. 2005); Fed.R.Civ.P. 72 advisory committee's note. The Court has appropriately reviewed the Recommendation. Having done so, the Court finds that no clear error exists and the Recommendation should be adopted. The Magistrate Judge's Recommendation [Doc. #41] is therefore affirmed and adopted for the reasons set forth therein.
IT IS THEREFORE ORDERED that Defendants Scott and Cleary's Motion to Dismiss Official Capacity Claims in Amended Complaint Against Defendants Scott and Cleary [Doc. #33] is GRANTED, and all official capacity claims against Defendants Cleary and Scott are DISMISSED. IT IS FURTHER ORDERED that Defendants Scott and Cleary's ...