Billings v. Overton

E.D. North Carolina

Billings v. Overton

District Court, E.D. North Carolina·Decided February 19, 2025·No. 5:24-cv-00291·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Case No. 5:24-CV-00291-M

GREGORY BILLINGS, ) ) Plaintiff, ) ) v. ) ORDER ) WILLIAM OVERTON, ) WAYNE JOHNSON, ) KIMBERLY JOHNSON, ) CHRISTOPHER JOHNSON, and ) JUWAN JOHNSON, ) ) Defendant. ) ) □□□ These matters come before the court on Defendant Overton’s Motion to Dismiss [DE 21] and the Johnson Defendants’ Motion to Dismiss [DE 18]. Pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b), United States Magistrate Judge Kimberly A. Swank issued a memorandum and recommendation (“M&R”), recommending that this court dismiss Plaintiff's complaint for his failure to state a claim for relief. DE 34. Judge Swank instructed the Plaintiff to file any written objections to her recommendation on or before February 13, 2025. Id. No objections have been filed, and the matter is now ripe for consideration by this court. A magistrate judge’s recommendation carries no presumptive weight. The court “may accept, reject, or modify, in whole or in part, the . .. recommendation]... receive further evidence or recommit the matter to the magistrate judge with instructions.” 28 U.S.C. § 636(b)(1); accord Mathews v. Weber, 423 U.S. 261, 271 (1976). The court “shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection

is made.” Jd. § 636(b)(1). Absent a specific and timely objection, the court reviews only for “clear error” and need not give any explanation for adopting the recommendation. Diamond vy. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005). Upon careful review of the M&R and the record presented, and finding no clear error, the court ADOPTS the recommendation of the magistrate judge as its own. For the reasons stated therein, the Defendants’ motions [DE 18, 21] are GRANTED and Plaintiff's complaint is DISMISSED WITH PREJUDICE. The Clerk of Court is directed to close this case.

SO ORDERED this 5 day of February, 2025.

ae 2 (V\r 5 RICHARD E. MYERS II CHIEF UNITED STATES DISTRICT JUDGE

Free access — add to your briefcase to read the full text and ask questions with AI

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Case No. 5:24-CV-00291-M

GREGORY BILLINGS, ) ) Plaintiff, ) ) v. ) ORDER ) WILLIAM OVERTON, ) WAYNE JOHNSON, ) KIMBERLY JOHNSON, ) CHRISTOPHER JOHNSON, and ) JUWAN JOHNSON, ) ) Defendant. ) ) □□□ These matters come before the court on Defendant Overton’s Motion to Dismiss [DE 21] and the Johnson Defendants’ Motion to Dismiss [DE 18]. Pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b), United States Magistrate Judge Kimberly A. Swank issued a memorandum and recommendation (“M&R”), recommending that this court dismiss Plaintiff's complaint for his failure to state a claim for relief. DE 34. Judge Swank instructed the Plaintiff to file any written objections to her recommendation on or before February 13, 2025. Id. No objections have been filed, and the matter is now ripe for consideration by this court. A magistrate judge’s recommendation carries no presumptive weight. The court “may accept, reject, or modify, in whole or in part, the . .. recommendation]... receive further evidence or recommit the matter to the magistrate judge with instructions.” 28 U.S.C. § 636(b)(1); accord Mathews v. Weber, 423 U.S. 261, 271 (1976). The court “shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection

is made.” Jd. § 636(b)(1). Absent a specific and timely objection, the court reviews only for “clear error” and need not give any explanation for adopting the recommendation. Diamond vy. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005). Upon careful review of the M&R and the record presented, and finding no clear error, the court ADOPTS the recommendation of the magistrate judge as its own. For the reasons stated therein, the Defendants’ motions [DE 18, 21] are GRANTED and Plaintiff's complaint is DISMISSED WITH PREJUDICE. The Clerk of Court is directed to close this case.

SO ORDERED this 5 day of February, 2025.

ae 2 (V\r 5 RICHARD E. MYERS II CHIEF UNITED STATES DISTRICT JUDGE

Billings v. Overton, (E.D.N.C. 2025).

Pincite

Billings v. Overton (Billings v. Overton) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related