Chapman v. Pike
ORDER: the Court will: (1) ACCEPT and ADOPT Magistrate Judge Shirley's Report and Recommendations (Doc. 4 ); (2) DISMISS this case WITHOUT PREJUDICE for lack of subject-matter jurisdiction; and (3) DISMISS AS MOOT Plaintiff's motion for leave to proceed in forma pauperis (Doc. 2 ). AN APPROPRIATE JUDGMENT WILL ENTER. Signed by District Judge Travis R McDonough on 12/8/2017. (BJL, )
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
Case No. 3:17-cv-454
Judge Travis R. McDonough
Magistrate Judge C. Clifford Shirley, Jr.
On October 30, 2017, United States Magistrate Judge C. Clifford Shirley, Jr., filed his
Report and Recommendation (Doc. 4) 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. 4.)
Neither party has filed any objection to Magistrate Judge Shirley’s Report and
Recommendation.1 Nevertheless, the Court has conducted a review of the Report and
Recommendation, as well as the record, and it agrees with Magistrate Judge Shirley’s wellreasoned conclusions.
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. 4, 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”). After a mailing to Plaintiff was returned as
undeliverable on November 2, 2017 (Doc. 5), the Court mailed Magistrate Judge Shirley’s
Report and Recommendation to Plaintiff’s updated address on November 20, 2017. Even taking
into account 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. 4); (2) DISMISS this case WITHOUT PREJUDICE for
lack of subject-matter jurisdiction; and (3) DISMISS AS MOOT Plaintiff’s motion for leave to
proceed in forma pauperis (Doc. 2).
AN APPROPRIATE JUDGMENT WILL ENTER.
/s/ Travis R. McDonough
TRAVIS R. MCDONOUGH
UNITED STATES DISTRICT JUDGE
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