BIRTCH v. ROWAN COUNY JAIL et al

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
CHARLES EDWARD BIRTCH,
Plaintiff,
v.
ROWAN COUNTY JAIL et al.,
Defendants.
1:26-CV-57-DAB-LPA
ORDER
This matter is before the Court for review of the Order and Recommendation
filed on January 22, 2026. (D.E. 3.) The Magistrate Judge recommends dismissing
Plaintiff’s action sua sponte without prejudice to Plaintiff filing a new complaint on
the proper § 1983 forms. The deadline for objections passed on February 9, 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. 3) 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 1:26-cv-00057-DAB-LPA Document 5 Filed 02/27/26 Page 1 of 1