govinfo:USCOURTS-ncmd-1_26-cv-00383-1

IN THE UNITED STATES DISTRICT COURT 
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA 
 
ROBERT ANDREW WELCH, 
 
 Plaintiff, 
 
v. 
 
SGT. OWENS, ET AL., 
 
 Defendants. 
 
 
 
 
 1:26-CV-383-DAB-JGM 
 
 
 ORDER 
 This matter is before the Court for review of the Order and Recommendation 
filed on May 5 , 2026 . 5/5/26 Order and Recommendation of United States 
Magistrate Judge (D.E. 3). The Magistrate Judge recommends dismissing Plaintiff’s 
action without prejudice because: (1) Plaintiff fails to identify proper defendants or 
sufficiently allege each defendant’s personal involvement in the alleged 
constitutional violations; and (2) Plaintiff seeks only monetary damages against state 
officials sued in their official capacities, relief that is unavailable under the Eleventh 
Amendment. McBurney v. Cuccinelli , 616 F.3d 393, 399 (4th Cir. 2010) . The 
deadline for filing objections passed on May 22 , 2026 , and no parties has 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 , 
5/5/26 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 29th day of May, 2026. 
 
 /s/ David A. Bragdon 
 United States District Judge 
 

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