govinfo:USCOURTS-ncmd-1_26-cv-00381-1

IN THE UNITED STATES DISTRICT COURT 
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA 
 
DANIEL MICHAEL RORIE, 
 
 Plaintiff, 
 
v. 
 
OFFICER ROSEBORO, ET AL., 
 
 Defendants. 
 
 
 
 
 1:26-CV-381-DAB-JGM 
 
 
 ORDER 
 This matter is before the Court for review of the Order and Recommendation 
filed on May 13 , 2026 . 5/13/26 Order and Recommendation of United States 
Magistrate Judge (D.E. 3). The Magistrate Judge recommends dismissing Plaintiff’s 
action without prejudice because: (1) Plaintiff asserts official-capacity claims 
without alleging facts showing that the alleged constitutional violations resulted 
from a policy, custom, or practice attributable to the proper governmental 
policymaker; (2) Plaintiff names entities that are not proper defendants under 42 
U.S.C. § 1983 or fails to allege facts establishing their liability; (3) Plaintiff 
references individuals involved in the alleged events but does not clearly identify 
them as defendants; and (4) Plaintiff’s allegations concerning the service of criminal 
charges and resulting bond determinations are unclear, not tied to any defendant, and 
appear to challenge matters more appropriately raised in state court or through a 
habeas proceeding rather than a § 1983 action. The deadline for filing objections 
passed on June 1, 2026, and no parties have filed objections 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 , 
5/13/26 Order and Recommendation, is adopted and this action is dismissed without 
prejudice. 
 A Judgment dismissing this action will be entered contemporaneously with 
this Order. 
This the 10th day of June, 2026. 
 
 /s/ David A. Bragdon 
 United States District Judge 
 
 

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