Spearman v. Metropolitan Nashville Public Schools

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The plaintiff's Objection is OVERRULED. The Report and Recommendation is ACCEPTED and made the findings of fact and conclusions of law of this court. For the reasons expressed therein, it is hereby OR DERED that the Motion to Dismiss filed by the defendant (Docket No. 11 ) is GRANTED, and this case is DISMISSED. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 2/2/2016. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh) Modified on 2/3/2016 (eh).

IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
ANTONIA L. SPEARMAN,
Plaintiff,
v.
METROPOLITAN NASHVILLE
PUBLIC SCHOOLS,
Defendant.

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Civil No. 3:15-cv-00671
Judge Trauger

ORDER
On September 15, 2015, the magistrate judge issued a Report and Recommendation
(Docket No. 12), to which the pro se plaintiff filed a timely Objection (Docket No. 15). The
Report and Recommendation recommended that the defendant’s Motion to Dismiss be granted.
When a magistrate judge issues a report and recommendation regarding a dispositive
pretrial matter, the district court must review de novo any portion of the report and
recommendation to which a specific objection is made. Fed. R. Civ. P. 72(b); 28 U.S.C. §
636(b)(1)(C). United States v. Curtis, 237 F.3d 598, 603 (6th Cir. 2001); Massey v. City of
Ferndale, 7 F.3d 506, 510 (6th Cir. 1993). Objections must be specific; an objection to the report
in general is not sufficient and will result in waiver of further review. See Miller v. Currie, 50
F.3d 373, 380 (6th Cir. 1995).
The plaintiff never responded to the defendant’s Motion to Dismiss, and her Objection
asserts that she “paid $400.00 for help from the United States District Court for the Middle
District of Tennessee’s Nashville Division because I lack knowledge in this specific area of the
law.” (Docket No. 15 at 2). In fact, the plaintiff simply paid the required filing fee, which does
not include with it any “help” furnished by the court or its personnel to a litigant who chooses to

file a lawsuit without the assistance of a lawyer. Moreover, the Objection constitutes a general
objection that does not take issue with the well-reasoned opinion of the magistrate judge.
For these reasons, the plaintiff’s Objection is OVERRULED. The Report and
Recommendation is ACCEPTED and made the findings of fact and conclusions of law of this
court. For the reasons expressed therein, it is hereby ORDERED that the Motion to Dismiss filed
by the defendant (Docket No. 11) is GRANTED, and this case is DISMISSED.
It is so ORDERED.
Enter this 2nd day of February 2016.

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ALETA A. TRAUGER
U.S. District Judge

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