Opinion
5:23-cv-00499-M
10-06-2023
RONALD SATISH EMRIT, Plaintiff, v. THE GRAMMY AWARDS ON CBS, Defendant.
ORDER
RICHARD E. MYERS II CHIEF UNITED STATES DISTRICT JUDGE
This matter comes before the court on the Memorandum and Recommendation (“M&R”) of United States Magistrate Judge Robert B. Jones, Jr. [DE 3]. Pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b), Magistrate Judge Jones recommended that the court dismiss the complaint for failure to state a claim and improper venue. Plaintiff has not objected.
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.” Id. § 636(b)(1). Absent a specific and timely objection, as here, 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).
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 complaint is DISMISSED without prejudice.
SO ORDERED.