govinfo:USCOURTS-ncmd-1_26-cv-00089-1

IN THE UNITED STATES DISTRICT COURT 
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA 
 
JOSEPH ALEXANDER, 
 
 Plaintiff, 
 
 v. 
 
SERGIO JIMENEZ and DAWN HILL-
KEARSE, 
 
 Defendants. 
 
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1:26-cv-89 
 
 
ORDER 
 
This matter is before the Court on the United States Magistrate Judge’s Order and 
Recommendation (“Recommendation”) to dismiss the case under 28 U.S.C. § 
1915(e)(2)(B)(ii) for failure to state a claim on which relief may be granted . The United 
States Magistrate Judge filed the Recommendation on March 25, 2026, Dkt. 3. The Clerk’s 
office attempted to serve notice on the Plaintiff at the address on file, Dkt. 4; Minute Entry 
3/25/2026, but the Postal Service returned the envelope containing the Recommendation, 
marked “return to sender ,” “insufficient address,” and “unable to forward.” Dkt. 
5. Plaintiff has not provided an updated address to the Clerk, as is his obligation 
if he wishes to pursue his case. See L.R. 11.1 (b). Moreover, no o bjections were filed 
within the requisite time limits . See 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b)(2) . 
Therefore, the Court need not make a de novo determination, see 28 U.S.C. § 636(b)(1)(C); 
Fed. R. Civ. P. 72(b)(3), and “must ‘only satisfy itself that there is no clear error on the 

 
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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. P. 72 advisory 
committee’s note to 1983 amendment). After due consideration, the Magistrate Judge’s 
Recommendation is hereby adopted in full. 
 IT IS THEREFORE ORDERED that the Magistrate Judge’s Recommendation , 
(Dkt. 3), is ADOPTED. IT IS FURTHER ORDERED that this case is DISMISSED 
WITHOUT PREJUDICE under 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim on 
which relief may be granted. 
 A Judgment dismissing this action will be entered contemporaneously with this 
Order. 
 This the 18th day of May, 2026. 
 
 
LINDSEY A. FREEMAN 
UNITED STATES DISTRICT JUDGE 

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