Nickell v. The Metropolitan et al

Filing 4

ORDER adopting Report and Recommendations re 3 Report and Recommendations. ORDERS that the action be DISMISSED WITH PREJUDICE.AN APPROPRIATE JUDGMENT WILL ENTER. Signed by District Judge Travis R McDonough on 5/25/2018. (DJH, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
DAVID LEON NICKELL,
Plaintiff,
v.
THE METROPOLITAN and CHRISTINA
OSBORNE,
Defendants.

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Case No. 3:18-cv-88
Judge Travis R. McDonough
Magistrate Judge Debra C. Poplin

ORDER

On March 7, 2018, Plaintiff filed this pro se action as well as an application to proceed in
forma pauperis (Docs. 1, 2). On May 7, 2018, United States Magistrate Judge Debra C. Poplin
issued a report and recommendation, recommending the Court dismiss the complaint pursuant to
28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim because Plaintiff does not allege
sufficient facts in his complaint to make out a legally cognizable claim against Defendants.
(Doc. 3.) Plaintiff failed to timely object to the report and recommendation.
After reviewing the record and the applicable law, the Court agrees with the magistrate
judge’s findings of fact, conclusions of law, and recommendation. Therefore, the Court
ACCEPTS and ADOPTS the report and recommendation (Doc. 3) pursuant to 28 U.S.C. §
636(b)(1), and ORDERS that the action be DISMISSED WITH PREJUDICE.
AN APPROPRIATE JUDGMENT WILL ENTER.
/s/ Travis R. McDonough
TRAVIS R. MCDONOUGH
UNITED STATES DISTRICT JUDGE