Shannon v. Welding Ceramics, LLC et al

Filing 8

ORDER accepting and adopting 3 Report and Recommendations; denying 2 Motion for Leave to Proceed in forma pauperis. Plaintiff SHALL be permitted to pay the filing fee in installments of $100.00 per month for four (4) months. The Clerk is DIRECTED to file the complaint upon payment of the initial installment with Plaintiff to provide for her own service of the complaint at her own cost. Signed by District Judge Harry S Mattice, Jr on 2/2/17. (aws, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
at CHATTANOOGA
JANET NICHOLE SHANNON,
Plaintiff,
v.
WELDING CERAMICS, LLC, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)

Case No. 1:16-cv-511
Judge Mattice
Magistrate Judge Lee

ORDER
On December 30, 2016, United States Magistrate Judge Susan K. Lee filed her
Report and Recommendation (Doc. 3) on Plaintiff’s Motion to Proceed In Forma
Pauperis. Magistrate Judge Lee recommended that Plaintiff’s Motion (Doc. 2) be
denied.
The Parties have 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 Lee’s wellreasoned conclusions.
Accordingly:


The Court hereby ACCEPTS and ADOPTS Magistrate Judge Lee’s
findings of fact, conclusions of law, and recommendations (Doc. 3);

Magistrate Judge Lee specifically advised the Parties that they had 14 days in which to object to the
Report and Recommendation and that failure to do so would waive their right to appeal. (Doc. 3 at 2 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 the Parties could timely file any objections has now expired.

1



Plaintiff’s Motion to Proceed In Forma Pauperis (Doc. 2) is hereby
DENIED;



Plaintiff SHALL be permitted to pay the filing fee in installments of
$100.00 per month for four (4) months; and



The Clerk is DIRECTED to file the complaint upon payment of the initial
installment with Plaintiff to provide for her own service of the complaint at
her own cost.

SO ORDERED this 2nd day of February, 2017.

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