Dodd v. City of Chattanooga, Tennessee et al

Filing 60

ORDER adopting Report and Recommendations re 46 Report and Recommendations. Signed by District Judge Harry S Mattice, Jr on 1/25/16. (KFB, )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE at CHATTANOOGA BOBBY DODD, ) ) Plaintiff, ) ) Case No. 1:14-cv-358 v. ) ) Judge Mattice CITY OF CHATTANOOGA, ) TENNESSEE, et al., ) Magistrate Judge Steger ) Defendants. ) ORDER On January 4, 2016, United States Magistrate Judge Christopher H. Steger filed his Report and Recommendation (Doc. 46). Magistrate Judge Steger recommended that Plaintiff’s Second Motion to Amend/Revise Complaint (Doc. 35) be denied. Plaintiff has filed no objections to the Magistrate Judge’s Report and Recommendation.1 Nevertheless, the Court has conducted a review of the Report and Recommendation, as well as the record, and it agrees with Magistrate Judge Steger’s well-reasoned conclusions. Accordingly, the Court hereby ACCEPTS and ADOPTS Magistrate Judge Steger’s Report and Recommendation (Doc. 46), and Plaintiff’s Second Motion to Amend/Revise Complaint (Doc. 35) is hereby DENIED. Magistrate Judge Steger 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. 46 at 3 n.1); 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”). Even taking into account the three additional days for service provided by Fed. R. Civ. P. 6(d), the period in which Plaintiff could timely file any objections has now expired. 1 SO ORDERED this 25th day of January, 2016. /s/ Harry S. Mattice, Jr._______ HARRY S. MATTICE, JR. UNITED STATES DISTRICT JUDGE 2

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