Marceaux et al v Belmont University (TV3)

Filing 9

JUDGEMENT AND ORDER ACCEPTING IN WHOLE 8 Report and Recommendations. This action is DISMISSED with prejudice, and plaintiffs pending motion [Docs. 2, 6] are DENIED as moot. The Clerk of Court is DIRECTED to CLOSE this case. Signed by Chief District Judge Thomas A Varlan on 9/21/2018. A copy of this order has been sent via U.S. Mail to Basil Marceaux. (MDG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
BASIL MARCEAUX,
Plaintiff,
v.
BELMONT UNIVERSITY,
Defendant.

)
)
)
)
)
)
)
)
)

No.:

1:18-CV-138-TAV-SKL

ORDER
This civil matter is before the Court on the Report and Recommendation entered by
United States Magistrate Judge Susan K. Lee [Doc. 8]. Judge Lee recommends that the
Court dismiss this action under Federal Rule of Civil Procedure 12(b)(6) for failure to state
a claim, and in accordance with 28 U.S.C. § 1915(e), which permits the Court to dismiss
frivolous filings by plaintiffs who wish to proceed in forma pauperis. There have been no
timely objections, and enough time has passed to treat any objections as having been
waived. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b).
After reviewing the matter, the Court agrees with Judge Lee’s recommendation and
reasoning, which the Court adopts and incorporates into its ruling. Accordingly, the Court
ACCEPTS IN WHOLE the R&R [Doc. 8]. This action is DISMISSED with prejudice,

and plaintiff’s pending motion [Docs. 2, 6] are DENIED as moot. The Clerk of Court is
DIRECTED to CLOSE this case.
IT IS SO ORDERED.

s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE

ENTERED AS A JUDGMENT
s/ John L. Medearis
CLERK OF COURT

2