DARBY v. DIRECT EXPRESS, EXECUTIVE TEAM

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
ARTHUR DONALD DARBY, JR.,
Plaintiff,
v.
DIRECT EXPRESS, EXECUTIVE
TEAM,
Defendant.
1:24-CV-109-DAB-LPA
ORDER
This matter is before the Court for review of the Order and Recommendation
filed on January 30, 2026. (D.E. 6.) The Magistrate Judge recommends dismissing
Plaintiff’s action without prejudice as frivolous for lack of subject matter jurisdiction
under 28 U.S.C. § 1915(e)(2)(B)(i). The deadline for objections passed on February
17, 2026, and no parties have objected to the Recommendation.
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. 6) is ADOPTED and this action is DISMISSED WITHOUT PREJUDICE.
A Judgment dismissing this action will be entered contemporaneously with
this Order.
This the 27th day of February, 2026.
/s/ David A. Bragdon
United States District Judge
Case 1:24-cv-00109-DAB-LPA Document 8 Filed 02/27/26 Page 1 of 1