Smith v. Queener

Filing 26

ORDER: The objections set forth in the plaintiff's Motion to Alter 24 areOVERRULED; the magistrate judge's R&R 23 is ACCEPTED AND ADOPTED in its entirety; the defendant's Motion to Dismiss 14 is GRANTED, and this action is DISMI SSED WITHOUT PREJUDICE for lack of subject-matter jurisdiction.This is the final Order in this action for purposes of Fed. R. Civ. P. 58. Signed by District Judge Aleta A. Trauger on 6/29/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
CONSTANCE R. SMITH,

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Plaintiff,
v.
HENRY QUEENER,
Defendant.

Case No. 3:16-cv-03314
Judge Aleta A. Trauger

ORDER
Before the court is the plaintiff’s Motion to Alter (Doc. No. 24), which the court
construes as objections to Magistrate Judge Holmes’s Report and Recommendation (R&R) (Doc.
No. 23), recommending that the defendants’ Motion to Dismiss (Doc. No. 14) be granted and
that the Complaint be dismissed without prejudice for lack of subject-matter jurisdiction. As set
forth in the accompanying Memorandum, the court has conducted a de novo review of the
defendant’s Motion to Dismiss in light of the plaintiff’s objections, and finds no error in the
magistrate judge’s findings and conclusions.
Accordingly, the objections set forth in the plaintiff’s Motion to Alter (Doc. No. 24) are
OVERRULED; the magistrate judge’s R&R (Doc. No. 23) is ACCEPTED AND ADOPTED
in its entirety; the defendant’s Motion to Dismiss (Doc. No. 14) is GRANTED, and this action is
DISMISSED WITHOUT PREJUDICE for lack of subject-matter jurisdiction.
This is the final Order in this action for purposes of Fed. R. Civ. P. 58.
It is so ORDERED.

ALETA A. TRAUGER
United States District Judge