Nordan v. Wal-Mart Stores East LP

Opinion

IN VE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION Case No. 4:24-CV-00176-M-KS CASEY NORDAN, Plaintiff, v, ORDER WAL-MART STORES EAST LP, Defendant.

‘This matter comes before the court on Defendant’s motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6). DE 20. Pursuant to 28 U.S.C. § 636(b)(1)} and Federal Rule of Civil Procedure 72(b), United States Magistrate Judge Kimberly A. Swank entered a memorandum and recommendation (“M&R”), recommending that the court grant Defendant’s motion. DE 25. To date, no objections have been filed.' A magistrate judge’s recommendation carries no presumptive weight. The court “may accept, reject, or modify, in whole or in part, the . . . recommendation[] . . . [and] 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.” /d. § 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 v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005).

! Judge Swank issued the M&R on July 21, 2025. Accordingly, objections were due on or before August 4, 2025. See 28 U.S.C. § 636(b)(1); Fp. R. Civ. P. 72(b)(2); Local Civil Rule 72.4(b).

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 thercin, Defendant’s motion to dismiss, DE 20, is GRANTED. Plaintiff's amended complaint, DE 18, is DISMISSED with prejudice. The Clerk of Court is directed to close this case.

SO ORDERED this | AT ey of August, 2025.

RICHARD E. MYERS II CHIEF UNITED STATES DISTRICT JUDGE