Avila v. United States

ORDER

JAMES A. BEATY, Jr., Magistrate Judge.

This matter is before the Court on a Recommendation of the United States Magistrate Judge (the "Recommendation") [Doc. #10], which was filed and served on the parties pursuant to 28 U.S.C. § 636(b). In the Recommendation, the Magistrate Judge recommended that the Motion for Return of Property [Doc. #9] filed, pro se, by Plaintiff Francisco Duran Avila ("Palintiff") be denied. In his Motion, Plaintiff sought the return of $55.07, which he had submitted to the Court on April 12, 2010, as the initial partial filing fee for the above-captioned case. No objections to the Recommendation 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 ...