DePinto v. University of Tennessee at Chattanooga et al

Filing 5

ORDER adopting 4 Report and Recommendations ; denying as moot 1 Motion for Leave to Proceed in forma pauperis; Accordingly, the Court ACCEPTS and ADOPTS Magistrate Judge Carters findings of fact and conclusions of law. Plaintiffs action is hereby DISMISSED WITHOUT PREJUDICE and his Motion to Proceed in forma pauperis is hereby DENIED AS MOOT. Signed by District Judge Harry S Mattice, Jr on 1/7/14. (CNM, ) Copy of Order mailed to Frank DePinto.

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE at CHATTANOOGA FRANK DEPINTO, ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. UNIVERSITY OF TENNESSEE at CHATTANOOGA, et al., Defendant. Case No. 1:13-cv-160 Judge Mattice Magistrate Judge Carter ORDER On July 2, 2013, United States Magistrate Judge William B. Carter filed a Report and Recommendation (Doc. 4) pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). Magistrate Judge Carter recommended that Plaintiff’s action be dismissed without prejudice and his motion to proceed in forma pauperis be denied as moot. Plaintiff has filed no objections to the Magistrate Judge’s Report and Recommendation.1 Nevertheless, the Court has reviewed de novo the record in this matter, and it agrees with the Magistrate Judge’s well-reasoned conclusions. Accordingly, the Court ACCEPTS and ADOPTS Magistrate Judge Carter’s findings of fact and conclusions of law. Plaintiff’s action is hereby DISMISSED                                                              Magistrate Judge Carter specifically advised Plaintiff that he had 14 days in which to object to the Report and Recommendation and that failure to do so would waive his right to appeal. (Doc. 4); see Fed. R. Civ. P. 72(b)(2); see also Thomas v. Arn, 474 U.S. 140, 148-51 (1985) (noting that “[i]t does not appear that Congress intended to require district court review of a magistrate's factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings”). 1 WITHOUT PREJUDICE and his Motion to Proceed in forma pauperis is hereby DENIED AS MOOT. SO ORDERED this 7th day of January, 2014. /s/ Harry S. Mattice, Jr._______ HARRY S. MATTICE, JR. UNITED STATES DISTRICT JUDGE 2   

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?