1st Choice Housing, Inc. v. Buller River Development Partners, 5:23-cv-00112

Plaintiff: 1st Choice Housing, Inc.; Defendant: Buller River Development Partners. Case filed in the Western District of North Carolina (Statesville Division), Civil Action No. 5:23-CV-00112-KDB-SCR.
Defendant moved to dismiss for failure to state a claim (Rule 12(b)(6)).
The Magistrate Judge issued a Memorandum & Recommendation (M&R) recommending denial of the motion to dismiss.
Neither party filed objections to the M&R within the Rule 72(b)(2) timeframe.
The district court reviewed the record, found no clear error in the M&R, adopted the M&R, denied the motion to dismiss, and ordered the case to proceed to trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the complaint should be dismissed for failure to state a claim	Complaint pleads sufficient facts to survive a 12(b)(6) motion	Complaint fails to state a claim and should be dismissed	Motion to dismiss denied; court adopted the M&R and found no clear error

Thomas v. Arn, 474 U.S. 140 (1985) (a district court need not perform de novo review of unobjected-to magistrate findings)
Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310 (4th Cir. 2005) (when no timely objection is filed, court must satisfy itself there is no clear error on the face of the record)
Camby v. Davis, 718 F.2d 198 (4th Cir. 1983) (same principle regarding review of unobjected-to magistrate recommendations)
Orpiano v. Johnson, 687 F.2d 44 (4th Cir. 1982) (general or conclusory objections do not require de novo review)