Bright v. Wilson et al

Filing 6

ORDER accepting and adopting 5 Report and Recommendations; denying as moot 4 Motion for Leave to Proceed in forma pauperis. Plaintiff's Complaint, 1 , is hereby DISMISSED WITHOUT PREJUDICE. Signed by District Judge Harry S Mattice, Jr on 6/1/17. (aws, ) Mailed to Edna Bright.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
at WINCHESTER
EDNA BRIGHT,

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Plaintiff,
v.
MARY WILSON, et al.
Defendants.

Case No. 4:16-cv-51
Judge Mattice
Magistrate Judge Steger

ORDER
On May 1, 2017, United States Magistrate Judge Christopher H. Steger filed his
Report and Recommendation. (Doc. 5). Magistrate Judge Steger recommended that (1)
this action be dismissed without prejudice because the claims asserted are barred by the
applicable statute of limitations, and (2) Plaintiff’s application to proceed in forma
pauperis be denied as moot. (Id. at 3–4).
Plaintiff has filed no objections to the Magistrate Judge’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 Steger’s
well-reasoned conclusions.

Magistrate Judge Steger specifically advised Plaintiff that she had 14 days in which to object to the
Report and Recommendation and that failure to do so would waive her right to appeal. (Doc. 5 at 4 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 Fed. R. Civ. P. 6(d), the period in
which Plaintiff could timely file any objections has now expired.

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Accordingly,


The Court ACCEPTS and ADOPTS Magistrate Judge Steger’s findings of fact,
conclusions of law, and recommendations (Doc. 5);



Plaintiff’s Motion for Leave to Proceed In Forma Pauperis, (Doc. 4), is hereby
DENIED AS MOOT; and



Plaintiff’s

Complaint,

(Doc.

1),

is

hereby

DISMISSED

WITHOUT

PREJUDICE.

SO ORDERED this 1st day of June, 2017.

/s/ Harry S. Mattice, Jr._____
HARRY S. MATTICE, JR.
UNITED STATES DISTRICT JUDGE

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