Logan v. Carta Care-A-Van

Filing 4

ORDER accepting and adopting 3 Report and Recommendations ; denying 1 Motion for Leave to Proceed in forma pauperis. Plaintiff's Complaint is hereby DISMISSED WITHOUT PREJUDICE. Signed by District Judge Harry S Mattice, Jr on 4/4/2016. (AML, ) Copy of Order mailed to Gatha Novis Logan, Jr.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
at CHATTANOOGA
GATHA NOVIS LOGAN, JR.,
Plaintiff,
v.
CARTA CARE-A-VAN,
Defendant.

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Case No. 1:15-cv-303
Judge Mattice
Magistrate Judge Steger

ORDER
On February 25, 2016, United States Magistrate Judge Christopher H. Steger
filed his Report and Recommendation (Doc. 3). Magistrate Judge Steger recommended
that (1) Plaintiff’s action be dismissed without prejudice, and (2) that the Application to
Proceed In Forma Pauperis (Doc. 1) 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. Specifically, the Court finds that Plaintiff has failed to allege
any facts indicating that he has a disability or that he was being denied benefits under a
City program. Plaintiff’s complaint thus fails to establish a prima facie case of disability
discrimination under Title II of the Americans with Disabilities Act. See Anderson v.
City of Blue Ash, 798 F.3d 338, 357 (6th Cir. 2015).
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. 3 at 2 n.2); 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.

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Accordingly,


The Court ACCEPTS and ADOPTS Magistrate Judge Steger’s Report and
Recommendation (Doc. 3);

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Plaintiff’s Motion for Leave to Proceed In Forma Pauperis (Doc. 1) is hereby
DENIED; and



Plaintiff’s Complaint (Doc. 2) is hereby DISMISSED WITHOUT PREJUDCE.

SO ORDERED this 4th day of April, 2016.

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

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