MIDGETT v. DOWD et al

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
SHELBY T. MIDGETT,
Plaintiff,
v.
SGT DOWD, et al.,
Defendant(s).
1:25-CV-1143-DAB-LPA
ORDER
This matter is before the Court for review of the Order and Recommendation
filed on January 8, 2026. (D.E. 3.) The Magistrate Judge recommends dismissing
sua sponte without prejudice Plaintiff Shelby Midgett’s complaint. (D.E. 2.) The
deadline for objections passed on January 22, 2026, and no parties have objected to
the Recommendation. A supplement, filed on January 29, 2026, by the Plaintiff, does
not remedy the issues set forth in the Order and Recommendation. (D.E. 5.)
Because there are no objections, the Court “must ‘only satisfy itself that there
is no clear error on the face of the record in order to accept the recommendation.’”
Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (quoting
Fed. R. Civ. Proc. 72 advisory committee’s note). This Court has accordingly
reviewed the Recommendation and concludes it contains no clear error.
Accordingly, it is ORDERED that the Magistrate Judge’s Recommendation
(D.E. 3) is ADOPTED, and this action is DISMISSED WITHOUT PREJUDICE.
A Judgment dismissing this action will be entered contemporaneously with
this Order.
This the 24th day of February, 2026.
/s/ David A. Bragdon
United States District Judge
Case 1:25-cv-01143-DAB-LPA Document 6 Filed 02/24/26 Page 1 of 1