Kidd v. Itron Inc.

Filing 26

ORDER: 1. The Magistrate Judge's Report and Recommendation [R. 25] is ADOPTED as the opinion of this Court; and 2. Plaintiff's claims are DISMISSED WITH PREJUDICE and the matter is STRICKEN from the active docket. Signed by Judge Gregory F. VanTatenhove on 6/26/2018.(AKR)cc: COR

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION
FRANKFORT

ANGELA KIDD,
Plaintiff,
V.
ITRON, INC.,
Defendant.

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Civil No. 3:16-cv-00063-GFVT

ORDER

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This matter is before the Court on the Report and Recommendation filed by United States
Magistrate Judge Edward B. Atkins. [R. 25] Magistrate Judge Atkins recommends dismissing
the above-captioned case due to a failure of counsel for Plaintiff to appear multiple times. [See
R. 25.] Further, Plaintiff was given the opportunity to proceed pro se but also failed to notify the
Court of her intentions to do so. [R. 1 at 1.] Judge Atkins’s Report advised the parties that any
objections must be filed within fourteen (14) days of service. [Id. at 4.] The time to file
objections has passed, and neither party has objected nor sought an extension of time to do so.
Generally, this Court must make a de novo determination of those portions of the Report
and Recommendation to which objections are made. 28 U.S.C. § 636(b)(1)(c). When no
objections are made, this Court is not required to “review . . . a magistrate’s factual or legal
conclusions, under a de novo or any other standard . . . .” See Thomas v. Arn, 474 U.S. 140, 151
(1985). Parties who fail to object to a magistrate’s report and recommendation are also barred
from appealing a district court’s order adopting that report and recommendation. United States

v.Walters, 638 F.2d 947 (6th Cir. 1981). Nevertheless, this Court has examined the record, and
agrees with the Magistrate Judge’s Report and Recommendation.
Accordingly, the Court being sufficiently and otherwise advised, it is hereby ORDERED
as follows:
1.

The Magistrate Judge’s Report and Recommendation [R. 25] is ADOPTED as

the opinion of this Court; and
2.

Plaintiff’s claims are DISMISSED WITH PREJUDICE and the matter is

STRICKEN from the active docket.
This the 26th day of June, 2018.

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