Lynch v. Lory et al
ORDER ADOPTING REPORT AND RECOMMENDATIONS re 15 Report and Recommendation; granting 7 & 8 Motions to Dismiss for Failure to State a Claim. Signed by District Judge Victoria A. Roberts on 9/14/17. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
DALE JOSEPH LYNCH,
CASE NO. 16-02859
HONORABLE VICTORIA A. ROBERTS
RICHARD LORY AND TIMOTHY LORY,
ORDER ADOPTING REPORT AND RECOMMENDATION (DOC. 15)
AND GRANTING MOTIONS TO DISMISS (DOCS. 7 AND 8)
Plaintiff Dale Joseph Lynch (“Lynch”) filed objections to Magistrate Judge Jeffery
Frensley’s Report and Recommendation recommending that Defendants’ Motions to
Dismiss (Docs. 7 and 8) be GRANTED. The Magistrate Judge concluded that: (1)
Lynch does not establish that the Court has diversity jurisdiction over his cause of
action; and (2) no federal question is presented. The case appears to involve an alleged
trespass on land and involves only citizens of the State of Tennessee.
Under Federal Rule of Civil Procedure 72(b)(3), a district judge is required to
determine de novo any part of a magistrate judge’s report and recommendation that has
been properly objected to. See also 28 U.S.C. § 636(b)(1)(C). The district judge may
accept, reject, or modify the recommended disposition; receive further evidence; or
return the matter to the magistrate judge with further instructions. Id.
It is unclear whether Lynch’s objection is a proper one. He reiterates that he
was denied equal protection and suffered damages. He asks for an attorney.
Assuming this is a proper objection, and after de novo review, the Court agrees
with the Magistrate Judge’s conclusions and findings. He accurately laid out the facts
as alleged; he considered the record as a whole; and his conclusions are well
The Court ADOPTS Magistrate Judge Frensley’s Report and Recommendation.
Defendants’ motions to dismiss are GRANTED. This action is DISMISSED WITH
IT IS ORDERED.
/s/ Victoria A. Roberts
VICTORIA A. ROBERTS
UNITED STATES DISTRICT JUDGE
SITTING BY SPECIAL DESIGNATION
Dated: September 14, 2017
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