Nix III et al v. America et al

Filing 7

ORDER adopting Report and Recommendations re 3 Report and Recommendations. The Court ACCEPTS and ADOPTS Magistrate Judge Stegers findings of fact and conclusions of law. Plaintiffs claim is hereby DISMISSED. Signed by District Judge Harry S Mattice, Jr on 8/27/2018. (BDG, ) Order mailed to Nix.

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE at CHATTANOOGA ROBERT SHERMAN NIX III, et al., ) ) ) ) ) ) ) ) ) ) Plaintiffs, v. THE UNITED STATES OF AMERICA, et al., Defendants. Case No. 1:17-cv-235 Judge Mattice Magistrate Judge Steger ORDER On February 22, 2018, United States Magistrate Judge Christopher H. Steger filed a Report and Recommendation [Doc. 3] pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). Magistrate Judge Steger recommended that this action be dismissed as frivolous. [Id.]. Plaintiffs have not filed 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 Steger’s findings of fact and conclusions of law. Plaintiffs’ claim is hereby DISMISSED. A separate judgment will enter. SO ORDERED this 27th day of August, 2014.                               /s/ Harry S. Mattice, Jr._______ HARRY S. MATTICE, JR. UNITED STATES DISTRICT JUDGE                                                                        Magistrate Judge Steger specifically advised Plaintiffs they 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]; 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

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