Carson v. U.S. Department of Justice

Filing 48

ORDER overruling 46 plaintiff's objections to and accepting in whole 44 the magistrate judge's Report and Recommendation; denying 32 plaintiff's Motion for litigation costs; denying 42 defendant's Motion for permission to file a sur-reply; and denying as moot 45 plaintiff's Motion to Consolidate Cases. Signed by District Judge Thomas W Phillips on December 8, 2011. (AYB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE

JOSEPH P. CARSON,
Petitioner,
v.
UNITED STATES DEPARTMENT OF JUSTICE,
Respondent.

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No. 3:10-CV-56
(Phillips/Shirley)

MEMORANDUM AND ORDER

On October 17, 2011, the Honorable C. Clifford Shirley, United States
Magistrate Judge, filed an 4-page Report and Recommendation (R&R) [Doc. 44] in which
he recommended that plaintiff’s motion for litigation costs be denied.

This matter is presently before the court on plaintiff’s objections to the R&R
[Doc. 46]. As required by 28 U.S.C. § 636(b)(1), the court has now undertaken a de novo
review of those portions of the R&R to which plaintiff objects. After doing so, the court
readily concludes that Magistrate Judge Shirley has thoroughly and correctly analyzed the
legal issues presented in plaintiff’s motion for litigation costs. Thus, any further comment
by the court is unnecessary and would be repetitive. In sum, the court finds that plaintiff
has failed to show that he “substantially prevailed,” that is, he has not received a judicial
order, an enforceable written agreement or consent decree in his favor. Nor has plaintiff
demonstrated a public benefit derived from the case.

Accordingly, plaintiff’s objections [Doc. 46] are hereby OVERRULED in their
entirety whereby the R&R [Doc. 44] is ACCEPTED IN WHOLE. Plaintiff’s motion for
litigation costs [Doc. 32] is DENIED.

Plaintiff’s motion to consolidate cases [Doc. 45] is DENIED AS MOOT.

The defendant’s motion for permission to filed a sur-reply [Doc. 42] is also
DENIED AS MOOT.

ENTER:

s/ Thomas W. Phillips
United States District Judge

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