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Slip Opinion
W.D.N.C.
2024
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Background

  • Claire Seme filed a complaint against Autumn Care of Statesville in the U.S. District Court for the Western District of North Carolina.
  • Defendant Autumn Care filed a Motion to Dismiss the complaint.
  • The Magistrate Judge issued a Memorandum and Recommendation (M&R) suggesting the Motion to Dismiss be granted.
  • No objections to the M&R were filed by either party within the allowed timeframe.
  • The District Court reviewed the record for clear error and found none, choosing to adopt the Magistrate Judge's recommendations.
  • The Court ordered the complaint to be dismissed without prejudice.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether complaint should be dismissed Presumed to oppose dismissal (not detailed in order) Motion to dismiss appropriate Complaint dismissed without prejudice
Standard for reviewing unopposed M&R N/A M&R correct and unopposed M&R adopted; clear error not found

Key Cases Cited

  • Thomas v. Arn, 474 U.S. 140 (Supreme Court clarified the standard for reviewing unopposed magistrate recommendations)
  • Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310 (4th Cir. 2005) (articulated standard for reviewing magistrate judge recommendations without objections)
  • Camby v. Davis, 718 F.2d 198 (4th Cir. 1983) (district court review not required absent objections to M&R)
  • Orpiano v. Johnson, 687 F.2d 44 (4th Cir. 1982) (conclusory objections insufficient for de novo review)
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Case Details

Case Name: Seme v. Autumn Care of Statesville
Court Name: District Court, W.D. North Carolina
Date Published: May 1, 2024
Citations: 2024 WL 1916716; 5:23-cv-00152
Docket Number: 5:23-cv-00152
Court Abbreviation: W.D.N.C.
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