Goins v. Andrews et al

Filing 45

ORDER: The 42 Report and Recommendation is adopted and approved. Accordingly, the 37 Motion to Dismiss filed by Desiree Andrews and (f/n/u) Sator is GRANTED. In addition, the Court finds that Plaintiff's allegations against Defendant Walton, who has been served but has not filed an Answer herein, fail to state a claim for which relief may be granted. Therefore, for the reasons stated in the Report and Recommendation, Plaintiff's Complaint is DISMISSED. Signed by Chief Judge Todd J. Campbell on 12/23/2010. (xc:Pro se party by regular and certified mail.)(ab)

Goins v. Andrews et al

Doc. 45

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION BYRON TU'SHAWN GOINS v. DESIREE ANDREWS, et al. ) ) ) NO. 3:09-0926 ) JUDGE CAMPBELL ) ORDER Pending before the Court is a Report and Recommendation of the Magistrate Judge (Docket No. 42), to which no Objections have been filed. The Court has reviewed the Report and Recommendation and the file. The Report and Recommendation is adopted and approved. Accordingly, the Motion to Dismiss filed by Defendants Andrews and Sator (Docket No. 37) is GRANTED. In addition, the Court finds that Plaintiff's allegations against Defendant Walton, who has been served but has not filed an Answer herein (see footnote 1, Docket No. 42), fail to state a claim for which relief may be granted. Therefore, for the reasons stated in the Report and Recommendation, Plaintiff's Complaint is DISMISSED. Any pending Motions are denied as moot, and the Clerk is directed to close the file. This Order shall constitute the final judgment in this case pursuant to Fed. R. Civ. P. 58. IT IS SO ORDERED. ___________________________________ TODD J. CAMPBELL UNITED STATES DISTRICT JUDGE

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