Dublin v. UNC Rex Hospital

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:22-CV-507-BO-RJ CHARLENE NICHOLE DUBLIN, ) Plaintiff, ) ORDER UNC REX HOSPITAL, Defendant.

This cause comes before the Court on the memorandum and recommendation (“M&R”) of Magistrate Judge Robert B. Jones, Jr. [DE 4]. The M&R advised this Court to deny plaintiffs motion to proceed in forma pauperis. Because plaintiff failed to object to the M&R, this Court may accept the recommendation if “there is no clear error on the face of the record. .. .” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (internal quotation and citation omitted). The Court has reviewed M&R and finds no clear error. Accordingly, the Court ADOPTS the M&R in its entirety. Plaintiff's application to proceed in forma pauperis [DE 1] is DENIED. Plaintiff must pay the Clerk of Court a filing fee of $402.00 within fourteen (14) days from the date of this order. Upon receipt of plaintiffs payment: (1) the Clerk is DIRECTED to file the complaint and issue the summonses prepared by plaintiff, and (2) the United States Marshal is DIRECTED to serve the summonses and a copy of the complaint on defendant. If plaintiff fails to make the payment as directed, the Clerk is DIRECTED to DISMISS plaintiff's complaint without prejudice and close the case.

SO ORDERED, this ( (day of June, 2023.

TE NCE W. BOYLE UNITED STATES DISTRICT JUDGE