DePinto v. Hamilton County, TN et al

Filing 9

ORDER adopting Report and Recommendations re 7 Report and Recommendations. Signed by District Judge Harry S Mattice, Jr on 3/10/2014. (SAC, )This order mailed to DePinto.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
at CHATTANOOGA
FRANK DEPINTO,

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Plaintiff,
v.
HAMILTON COUNTY,
TENNESSEE, et al.,
Defendants.

Case No. 1:13-cv-269
Judge Mattice
Magistrate Judge Carter

ORDER
On January 22, 2014, United States Magistrate Judge William B. Carter filed a
Report and Recommendation (Doc. 7) pursuant to 28 U.S.C. § 636(b)(1) and Federal
Rule of Civil Procedure 72(b). Magistrate Judge Carter recommended that this action be
dismissed and the application 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 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 claim is hereby DISMSSED

WITHOUT PREJUDICE and his application to proceed in forma pauperis is hereby
DENIED AS MOOT.

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. 45); 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”).
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SO ORDERED this 10th day of March, 2014.

/s/ Harry S. Mattice, Jr._______
HARRY S. MATTICE, JR.
UNITED STATES DISTRICT JUDGE

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