Cunningham v. Enagic USA, Inc. et al
ORDER: Accordingly, it is ORDERED that the magistrate judge's report and recommendation [dkt. #239] is ADOPTED. It is further ORDERED that the plaintiff's motion for summary judgment [dkt. #194] is DENIED. It is further ORDERED tha t Count II of the third amended complaint is DISMISSED against all defendants. Signed by Judge David M. Lawson on 7/10/2017. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
Civil Case Number 15-00847
Honorable David M. Lawson
Magistrate Judge Barbara D. Holmes
PETER POLSELLI, RICK FREEMAN,
THE 7 FIGURE WEALTH CORPORATION,
CHRISTIAN KINNEY, CORAZON
MANAGEMENT GROUP, INC., JEFFREY
HOWARD, SUSIE TREMBLAY-BROWN,
MULTIPLEX SYSTEMS, INC., WALTER
PETERSON, MY MINDS EYE, LLC,
JERRY MAURER, DAVE HILL, JL NET
BARGAINS, INC., and JOHN/ JANE DOE’S 1-10,
ORDER ADOPTING REPORT AND RECOMMENDATION, DENYING PLAINTIFF’S
MOTION FOR SUMMARY JUDGMENT, AND DISMISSING COUNT II
Presently before the Court is the report issued on June 23, 2017 by Magistrate Judge Barbara
D. Holmes pursuant to 28 U.S.C. § 636(b), recommending that the plaintiff’s motion for summary
judgment be denied and that Count II of the third amended complaint be dismissed. The magistrate
judge’s report explicitly stated that the parties to this action may object to and seek review of the
recommendation within fourteen days of service of the report. No objections have been filed thus
far. The parties’ failure to file objections to the report and recommendation waives any further right
to appeal. Smith v. Detroit Fed’n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987).
Likewise, the failure to object to the magistrate judge’s report releases the Court from its duty to
independently review the matter. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court
agrees with the findings and conclusions of the magistrate judge.
Accordingly, it is ORDERED that the magistrate judge’s report and recommendation [dkt.
#239] is ADOPTED.
It is further ORDERED that the plaintiff’s motion for summary judgment [dkt. #194] is
It is further ORDERED that Count II of the third amended complaint is DISMISSED
against all defendants.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Sitting by special designation
Dated: July 10, 2017
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