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Riggsbee v. United States

United States District Court, M.D. North Carolina

January 6, 2015

AVERY M. RIGGSBEE, Plaintiff,
v.
UNITED STATES OF AMERICA, et al., Defendant(s).

ORDER

WILLIAM L. OSTEEN, Jr., District Judge.

On August 1, 2014, the United States Magistrate Judge's Recommendation was filed and notice was served on the parties pursuant to 28 U.S.C. § 636. (Docs. 4 and 5.) Plaintiff timely filed objections on August 13, 2014 (Doc. 7) to the Recommendation. However, on September 24, 2014 and January 2, 2015, Plaintiff filed untimely objections (Docs. 6 and 8) to the Recommendation. See Fed.R.Civ.P. 72(b)(2) ("Within 14 days after being served with a copy of the recommended disposition, a party may serve and file... objections.").

This court has appropriately reviewed the portions of the Recommendation to which objections were made and has made a de novo determination which is in accord with the Magistrate Judge's Recommendation. This court therefore adopts the Recommendation.

IT IS THEREFORE ORDERED that Plaintiff's complaint (Doc. 2) be, and is hereby, DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B) for failing to state a claim upon which relief may be granted. A Judgment dismissing this action will be entered contemporaneously with this Order.


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