Cunningham v. Enagic USA, Inc. et al

Filing 240

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)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION CRAIG CUNNINGHAM, Plaintiff, v. 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, Defendants. __________________________________________/ 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 DENIED. 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 -2-

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