Opinion
No. 1:02CV00879
April 18, 2003
J-U-D-G-M-E-N-T
On February 3, 2003, the United States Magistrate Judge's Recommendation was filed and notice was served on the parties pursuant to 28 U.S.C. § 636 (b). No objections were received by the court within the time prescribed by the statue.
The court hereby adopts the Magistrate Judge's Recommendation.
IT IS THEREFORE ORDERED AND ADJUDGED that Plaintiff's complaint be and the same hereby is, DISMISSED without prejudice.
O-R-D-E-R
On February 3, 2003, in accordance with 28 U.S.C. § 636 (b), the Recommendation of the United States Magistrate Judge was filed and served on the parties in this action and a copy was given to the court.
Within the time limitation set forth in the statute, neither side objected to the Recommendation. The court therefore adopts the Magistrate Judge's Recommendation.
IT IS THEREFORE ORDERED that the Defendant's motion to dismiss Plaintiffs claim for a violation of the North Carolina Sales Representatives Commissions Act (motion 6-1) is GRANTED. Should Plaintiff propose to amend his pleading to articulate the precise legal claims under which he seeks to recover the commissions and expenses allegedly owed to him, a motion to amend and proposed amended pleadings must be filed no later than April 30, 2003. A judgment dismissing the claim for a violation of the North Carolina Sales Representatives Commissions Act will be entered contemporaneously with this Order.