Wagoner v. Cooper et al (JRG3)

Filing 4

ORDER adopting Report and Recommendations re 3 Report and Recommendations. After reviewing the record and applicable law, the Court agrees with the magistrate judge's findings of fact, conclusions of law, and recommendation. Therefore, the Court hereby ACCEPTS and ADOPTS the R&R, [Doc. 3], and ORDERS that the action be DISMISSED without prejudice to the Plaintiff's rights to re-file if a federal claim can be properly made. Signed by District Judge J Ronnie Greer on 10/16/2017. (Copy of Order mailed to Ronald P. Wagoner) (CAT)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE

RONALD WAGONER,

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Plaintiff,
v.
LITTLE JOHN’S LIQUOR STORE, et al.,
Defendants.

No. 3:17-CV-361-JRG-CCS

ORDER
In August 2017, Plaintiff Ronald P. Wagoner (“Plaintiff”) filed this pro se action as well
as an application to proceed in forma pauperis, [Docs. 1 and 2]. On September 15, 2017, United
States Magistrate Judge C. Clifford Shirley issued a report and recommendation (“R&R”),
recommending the Court dismiss the complaint pursuant to 28 U.S.C. § 1915(e) on the grounds
that the action is frivolous and fails to state a claim upon which relief can be granted, [Doc. 3].
The Plaintiff failed to timely object to the R&R.
After reviewing the record and applicable law, the Court agrees with the magistrate judge’s
findings of fact, conclusions of law, and recommendation. Therefore, the Court hereby ACCEPTS
and ADOPTS the R&R, [Doc. 3], pursuant to 28 U.S.C. § 636(b)(1), and ORDERS that the action
be DISMISSED without prejudice to the Plaintiff’s rights to re-file if a federal claim can be
properly made.
ENTER:

s/J. RONNIE GREER
UNITED STATES DISTRICT JUDGE