Chapman v. Pike
Filing
4
ORDER accepting and adopting 3 Report and Recommendations and DISMISSING this case WITHOUT PREJUDICE for lack of subject-matter jurisdiction. AN APPROPRIATE JUDGMENT WILL ENTER. Signed by District Judge Travis R McDonough on 11/17/2017. (AML, ) Order mailed to Robert Chapman
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
ROBERT CHAPMAN,
Plaintiff,
v.
JOSHUA PIKE,
Defendant.
)
)
)
)
)
)
)
)
)
Case No. 3:17-cv-453
Judge Travis R. McDonough
Magistrate Judge C. Clifford Shirley, Jr.
ORDER
On October 30, 2017, United States Magistrate Judge C. Clifford Shirley, Jr., filed his
Report and Recommendation (Doc. 3) pursuant to 28 U.S.C. § 636(b)(1). Magistrate Judge
Shirley recommended that Plaintiff’s complaint be dismissed due to jurisdictional deficiencies
based on lack of subject-matter jurisdiction. (Doc. 3.)
Neither party has filed any objection to Magistrate Judge Shirley’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 Shirley’s wellreasoned conclusions.
1
Magistrate Judge Shirley 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 Shirley’s
Report and Recommendations (Doc. 3); and (2) DISMISS this case WITHOUT PREJUDICE
for lack of subject-matter jurisdiction.
AN APPROPRIATE JUDGMENT WILL ENTER.
/s/ Travis R. McDonough
TRAVIS R. MCDONOUGH
UNITED STATES DISTRICT JUDGE
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?