Chapman v. Dixon

Filing 4

ORDER accepting and adopting 3 Report and Recommendations. This case will be DISMISSED WITHOUT PREJUDICE for jurisdictional deficiencies. AN APPROPRIATE JUDGMENT WILL ENTER. Signed by District Judge Travis R McDonough on 11/14/2017. (AML, ) Copy of Order mailed to Robert Chapman

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
ROBERT CHAPMAN,
Plaintiff,
v.
REED DIXON,
Defendant.

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Case No. 3:17-cv-452
Judge Travis R. McDonough
Magistrate Judge H. Bruce Guyton

ORDER

On October 24, 2017, United States Magistrate Judge H. Bruce Guyton filed his Report
and Recommendation (Doc. 3) pursuant to 28 U.S.C. § 636(b)(1). Magistrate Judge Guyton
recommended that Plaintiff’s complaint be dismissed due to jurisdictional deficiencies based on
statute of limitations and judicial immunity. (Doc. 3.)
Neither party has filed any objection to Magistrate Judge Guyton’s Report and
Recommendation.1 Nevertheless, the Court has conducted a reviewed the Report and
Recommendation, as well as the record, and it agrees with Magistrate Judge Guyton’s wellreasoned conclusions.

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Magistrate Judge Guyton specifically advised Plaintiff that he had fourteen days in which to
object to the Report and Recommendation and that failure to do so would waive his right to
appeal. (Doc. 3, at 5 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 Federal Rule of Civil Procedure 6(d), the period in which Plaintiff
could timely file any objections has now expired.

Accordingly, the Court will: (1) ACCEPT and ADOPT Magistrate Judge Guyton’s
Report and Recommendations (Doc. 3); and (2) DISMISS this case WITHOUT PREJUDICE
for jurisdictional deficiencies.
AN APPROPRIATE JUDGMENT WILL ENTER.
/s/ Travis R. McDonough
TRAVIS R. MCDONOUGH
UNITED STATES DISTRICT JUDGE

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