Cook v. Powell

Filing 5

ORDER accepting and adopting Magistrate Judge Guyton's Report and Recommendations re 3 Report and Recommendation. Plaintiff's Objections (Doc. 4) are OVERRULED; Plaintiff's Motion for Leave to Proceed in forma pauperis (Doc. 1 ) is DENIED AS MOOT; and this case is hereby DISMISSED WITH PREJUDICE. Signed by District Judge Harry S Mattice, Jr on 12/3/2013. (BJL, )***Mailed to Marilyn Powell Cook.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
at KNOXVILLE
MARILYN POWELL COOK,

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Plaintiff,
v.
SUSAN POWELL,
Defendant.

Case No. 3:13-cv-311
Judge Mattice
Magistrate Judge Guyton

ORDER
On June 7, 2013, United States Magistrate Judge Bruce Guyton filed his Report
and Recommendation (Doc. 3) pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of
Civil Procedure 72(b).

Magistrate Judge Guyton recommended that Plaintiff’s

Complaint be dismissed due to its jurisdictional deficiencies. (Id.).
Plaintiff has filed timely objections to the Magistrate Judge’s Report and
Recommendation. (Doc. 4). However, Plaintiff’s objections are merely reiterations of
the original issues raised in her Motion for Leave to Proceed in forma pauperis and her
Complaint. (Compare Docs. 1, 2 with Doc. 4). Further analysis of these same issues
would be cumulative and is unwarranted in light of Magistrate Judge Guyton’s wellreasoned and well-supported Report and Recommendation, in which he fully addressed
Plaintiff’s arguments and explained why jurisdiction is not proper in this Court.
Nonetheless, the Court has conducted a de novo review of the record, specifically
including those portions to which Plaintiff has objected, and the Court agrees Magistrate
Judge Guyton’s analysis and conclusions.

Accordingly, the Court ACCEPTS and ADOPTS Magistrate Judge Guyton’s
findings of fact, conclusions of law, and recommendations pursuant to § 636(b)(1) and
Rule 72(b); Plaintiff’s Objections (Doc. 4) are OVERRULED; Plaintiff’s Motion for
Leave to Proceed in forma pauperis (Doc. 1) is DENIED AS MOOT; and this case is
hereby DISMISSED WITH PREJUDICE.

SO ORDERED this 3rd day of December, 2013.

/s/ Harry S. Mattice, Jr._______
HARRY S. MATTICE, JR.

UNITED STATES DISTRICT JUDGE

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