Kerr v. Navy Federal

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION Case No. 4:23-CV-00127-M-BM CORSHEENA A. KERR, ) Plaintiff, V. ORDER NAVY FEDERAL, ) ) Defendant. ) — This matter comes before the court on the memorandum and recommendation (the “Recommendation”) entered by Magistrate Judge Brian S. Meyers in this case on August 27, 2024 [DE 8]. In the Recommendation, Judge Meyers recommends that the court dismiss Plaintiff's Complaint for failing to state a claim upon which relief may be granted. DE 8 at 1, 8. The Recommendation, along with instructions and a deadline for filing objections, was served on Plaintiff on August 27. See id. at 8-9. Plaintiff raised no objection to the Recommendation. See Docket Entries dated August 27, 2024, to present. 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 Recommendation and the record presented, the court finds no clear error. See Diamond, 416 F.3d at 315. The court thus ADOPTS the Recommendation [DE 8] in full. Plaintiff's Complaint [DE 1] is DISMISSED. The Clerk of Court is directed to close this case.

ae SO ORDERED this. 2) _day of October, 2024.

ro | 2 Ne: oti RICHARD E. MYERS II CHIEF UNITED STATES DISTRICT JUDGE