Smith v. Cariten Insurance Company

Filing 32

ORDER adopting Report and Recommendations re 31 ; granting 4 defendant's Motion to Dismiss; granting 25 defendant's Motion to Dismiss Amended Complaint. Signed by District Judge Harry S Mattice, Jr on 1/7/2009. (CHP, )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE at GREENEVILLE CHARLES K. SMITH, Plaintiff, v. CARITEN INSURANCE COMPANY, Defendant. ) ) ) ) ) ) ) ) ) ORDER United States Magistrate Judge Susan K. Lee filed her report and recommendation [Court Doc. 31] pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b) on December 3, 2008. Neither party filed objections within the given 10 days. After reviewing the record, the Court agrees with Magistrate Judge Lee's report and recommendation. The Court thus ACCEPTS and ADOPTS Magistrate Judge Lee's findings of fact, conclusions of law, and recommendations [Court Doc. 31] pursuant to § 636(b)(1) and Rule 72(b). Accordingly, the Court ORDERS that Defendant Cariten Insurance Company's Motion to Dismiss [Court Doc. 4] is GRANTED. The Court further ORDERS that Defendant Cariten Insurance Company's Motion to Dismiss Amended Complaint [Court Doc. 25] is GRANTED.

Case No. 2:08-cv-177 Judge Mattice

The above-captioned case is DISMISSED WITH PREJUDICE. The Clerk shall close the case. SO ORDERED this 7th day of January, 2009.

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