Lamb v. Goble

Filing 22

ORDER: The Objections of the Plaintiff are overruled and the Report and Recommendation is adopted and approved. Plaintiff's Motion to Amend Complaint 21 is DENIED. Defendant's Motion to Dismiss 9 is GRANTED, and this action is DISMISS ED. Any other 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. Signed by District Judge Todd J. Campbell on 6/26/2014. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ds)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

LEVI MATHEW LAMB
v.
KENNETH R. GOBLE

)
)
) NO. 3-14-0158
) JUDGE CAMPBELL
)

ORDER
Pending before the Court are a Report and Recommendation of the Magistrate Judge (Docket
No. 18) and a Motion to Amend Complaint and Objections filed by the Plaintiff (Docket No. 21).
Pursuant to 28 U.S.C. § 636(b)(1), Fed. R. Civ. P. 72(b)(3) and Local Rule 72.03(b)(3), the Court
has reviewed de novo the Report and Recommendation, the Objections, and the file. The Objections
of the Plaintiff are overruled, and the Report and Recommendation is adopted and approved.
Moreover, Plaintiff’s Motion to Amend Complaint (Docket No. 21) is DENIED.1
Defendant’s Motion to Dismiss (Docket No. 9) is GRANTED, and this action is
DISMISSED. Any other 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

1

Plaintiff seeks to amend his Complaint to change his malpractice allegations to
the charge of malicious prosecution. Even if the Court were to allow Plaintiff to change his
cause of action, the Defendant’s Motion to Dismiss would still be granted, as the immunity
discussed therein applies to claims of malicious prosecution as well.