Lynch v. Lory et al

Filing 17

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)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION DALE JOSEPH LYNCH, PLAINTIFF, v. CASE NO. 16-02859 HONORABLE VICTORIA A. ROBERTS RICHARD LORY AND TIMOTHY LORY, DEFENDANTS. ______________________________________/ 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 1 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 supported. The Court ADOPTS Magistrate Judge Frensley’s Report and Recommendation. Defendants’ motions to dismiss are GRANTED. This action is DISMISSED WITH PREJUDICE. IT IS ORDERED. /s/ Victoria A. Roberts VICTORIA A. ROBERTS UNITED STATES DISTRICT JUDGE SITTING BY SPECIAL DESIGNATION Dated: September 14, 2017 2

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