Summary
The United States District Court for the Eastern District of North Carolina adopted a magistrate judge’s recommendation and dismissed Doniesha Edwards’s pro se complaint against TransUnion LLC without prejudice. The dismissal was for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B), and the clerk was directed to close the case.
Holdings
- When no objections are filed to a magistrate judge's memorandum and recommendation, the district court reviews the magistrate judge's findings and conclusions for clear error and may adopt the recommendation without further explanation.
- The complaint must be dismissed without prejudice for failure to state a claim upon which relief can be granted under 28 U.S.C. § 1915(e)(2)(B).
Questions Presented
- Whether the district court should adopt the magistrate judge's memorandum and recommendation when plaintiff filed no objections.
- Whether plaintiff's complaint should be dismissed without prejudice for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B).
Disposition
dismissed
Cases Cited (2)
- Diamond v. Colonial Life & Accident Insurance Co., 416 F.3d 310, 315 (4th Cir. 2005)(followed)
- Camby v. Davis, 718 F.2d 198, 200 (4th Cir. 1983)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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