King v. Jennings et al

Filing 96

ORDER ADOPTING REPORT AND RECOMMENDATIONS denying 50 Motion for Summary Judgment; granting 72 Motion for Summary Judgment; granting 95 Report and Recommendation. Signed by Judge Terrence G. Berg on 9/28/2018. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

JIMMY R. KING,
Plaintiff,
Case No. 16-cv-2482
Hon. Terrence G. Berg

v.
C/O JENNINGS, et al.,
Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION
(DKT. 95)
This matter is before the Court on Magistrate Judge Alistair
Newbern’s September 11, 2018 Report and Recommendation (Dkt.
95), recommending that Defendants’ Motions for Summary Judgment (Dkt. 45, Dkt. 72) be GRANTED and Plaintiff’s Motion for
Summary Judgment (Dkt. 50) be DENIED.
The Court has reviewed the Magistrate Judge’s Report and
Recommendation. The law provides that either party may serve
and file written objections “[w]ithin fourteen days after being
served

with

a

copy”

of

a

report

and

recommendation.

28 U.S.C. § 636(b)(1). The district court will make a “de novo determination of those portions of the report . . . to which objection is
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made.” Id. Where, as here, neither party objects to the report, the
district court is not obligated to independently review the record.
See Thomas v. Arn, 474 U.S. 140, 149-52 (1985). The Court will
therefore accept the Magistrate’s Report and Recommendation of
September 11, 2018 as this Court’s findings of fact and conclusions
of law.
Accordingly, it is hereby ORDERED that Magistrate Judge
Newbern’s Report and Recommendation of September 11, 2018 is
ACCEPTED and ADOPTED. It is FURTHER ORDERED that
Defendants’ Motions for Summary Judgment are GRANTED and
Plaintiff’s Motion for Summary Judgment is DENIED.
SO ORDERED.
Dated: September 28,
2018

s/Terrence G. Berg
TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE
SITTING BY SPECIAL
DESIGNATION

Certificate of Service
I hereby certify that this Order was electronically filed,
and the parties and/or counsel of record were served on
September 28, 2018.
s/A. Chubb
Case Manager
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