Potter v. Takoma Regional Hospital

Filing 5

ORDER accepting and adopting 4 Report and Recommendations. Plaintiff's Complaint is hereby DISMISSED. Signed by District Judge Harry S Mattice, Jr on 7/30/2018. (AML, ) Copy of Order mailed to William Potter

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
at GREENEVILLE
WILLIAM BARWICK POTTER,
Plaintiff,
v.
TAKOMA REGIONAL HOSPITAL,
Defendant.

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Case No. 2:18-cv-23
Judge Mattice
Magistrate Judge Corker

ORDER
On July 3, 2018, United States Magistrate Judge Clifton L. Corker filed his Report and
Recommendation, [Doc. 4], pursuant to 28 U.S.C. § 636. Magistrate Judge Corker
recommended that Plaintiff’s Complaint be DISMISSED under 28 U.S.C. § 1915(e) for failing
to state a claim capable of relief, and because there is no discernable basis for jurisdiction to
hear the Plaintiff’s claim. Plaintiff has not filed objection 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 Corker’s wellreasoned conclusions.
Accordingly,


The Court hereby ACCEPTS and ADOPTS Magistrate Judge Corker’s findings
of fact, conclusions of law, and recommendations, [Doc. 4], pursuant to 28 U.S.C.
§ 636(b)(1) and Fed. R. Civ. P. 72(b);



Plaintiffs’ Complaint [Doc. 2] is hereby DISMISSED;

Magistrate Judge Corker specifically advised Plaintiff 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. 4 at 4 n.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”). 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.

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SO ORDERED this 30th day of July, 2018.

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

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