Murray v. Williams et al (TV3)

Filing 104

ORDER: The Court ACCEPTS IN WHOLE the R&R [Doc. 100 ]. As such, Plaintiffs' Motion for Stay of Execution of Sanction [Doc. 92 ] is hereby DENIED. In addition, plaintiffs' Petition for Writ of Supersedeas and Application for Temporary Stay Pending Appeal [Doc. 101 ] is also DENIED. Signed by Chief District Judge Thomas A Varlan on 6/7/17. (JBR) Modified to reflect c/m on 6/7/2017 (JBR).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
LORETTA MURRAY, et al.,
Plaintiffs,
v.
FRANK WILLIAMS, et al.,
Defendants.

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No.:

3:15-CV-284-TAV-CCS

ORDER
This civil matter is before the Court on the Report and Recommendation entered by
United States Magistrate Judge C. Clifford Shirley, Jr., on May 9, 2017 (the “R&R”) [Doc.
100], and on plaintiffs’ Petition for Writ of Supersedeas and Application for Temporary
Stay Pending Appeal [Doc. 101]. Defendants filed a response and supplement to plaintiffs’
petition [Docs. 102, 103].
In the R&R, Magistrate Judge Shirley recommends that plaintiffs’ Motion for Stay
of Execution of Sanction [Doc. 92] be denied. There have been no timely objections to the
R&R, and enough time has passed since the filing of the R&R to treat any objections as
having been waived. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72.
The Court does note that plaintiffs’ Petition for Writ of Supersedeas and Application
for Temporary Stay Pending Appeal [Doc. 101] appears to address the same subject matter
as the R&R. However, as noted in defendants’ supplement, plaintiffs have acknowledged
that they filed the petition in this Court in error and actually intended to file the document
in the Sixth Circuit [Doc. 103-1]. As such, the Court will deny the petition.

After a careful review of the matter, the Court is in agreement with Magistrate Judge
Shirley’s recommendations, which the Court adopts and incorporates into its ruling. As
such, the Court ACCEPTS IN WHOLE the R&R [Doc. 100]. As such, Plaintiffs’ Motion
for Stay of Execution of Sanction [Doc. 92] is hereby DENIED. In addition, plaintiffs’
Petition for Writ of Supersedeas and Application for Temporary Stay Pending Appeal
[Doc. 101] is also DENIED.
IT IS SO ORDERED.

s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE

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