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Olavarria v. North Carolina Administrative Office of Courts

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

April 3, 2015

REINALDO OLAVARRIA, Plaintiff,
v.
NORTH CAROLINA ADMINISTRATIVE OFFICE OF THE COURTS, LORI G. CHRISTIAN, ROBERT RADER and NORTH CAROLINA JUDICIAL STANDARDS COMMISSION, Defendants.

ORDER

JAMES C. FOX, District Judge.

This matter is before the court on the Memorandum and Recommendation ("M&R") [DE-3] of United States Magistrate Judge Robert B. Jones, Jr.

The Magistrate Judge makes only a recommendation to this court. The recommendation has no presumptive weight, and the responsibility to make a final determination remains with the court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). This court is charged with making a de novo determination of those portions of the recommendation to which specific objections are made, and the court may accept, reject, or modify, in whole or in part, the Magistrate Judge's recommendation, or recommit the matter to the Magistrate Judge with instructions. See 28 U.S.C. ยง 636(b)(1). In the absence of a timely-filed objection, 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 & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005).

On February 19, 2015, the Magistrate Judge issued a M&R recommending that the plaintiff's Complaint [DE-1-1][1] be dismissed. See M&R [DE-3] at 8-9. The Magistrate Judge advised the plaintiff of the procedures and requirements for filing objections to the M&R and the consequences for failing to do so. Id. at 9. The plaintiff has filed no objections, and the time for doing so expired on March 5, 2015.

Upon careful review of the M&R and of the record generally, and having found no clear error, the court hereby ADOPTS the recommendation of the Magistrate Judge [DE-3]. It is therefore ORDERED that the plaintiff's Complaint [DE-1-1, DE-4] is DISMISSED. The Clerk of Court is DIRECTED to close this case and remove it from the undersigned's docket.

SO ORDERED.


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