Edoho-Eket v. Wayfair.com et al

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATIONS: Accordingly, Defendants' Motion to Dismiss (Doc. No. 6 ) is GRANTED. As the Magistrate Judge already gave Plaintiff the opportunity to amend the Complaint (Doc. No. 13 ), the Complaint is DISMIS SED WITH PREJUDICE. The Clerk shall enter judgment in accordance with Federal Rule of Civil Procedure 58. The Court CERTIFIES that an appeal in forma pauperis from this Order would not be taken in good faith. 28 U.S.C. § 1915(a)(3). Signed by Chief Judge Waverly D. Crenshaw, Jr on 11/27/17. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
UDEME EDOHO-EKET,
Plaintiff,
v.
WAYFAIR.COM and WAYFAIR, LLC,
Defendants.

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No. 3:17-cv-00893
CHIEF JUDGE CRENSHAW

ORDER
Before the Court is a Report and Recommendation from the Magistrate Judge (Doc. No.
18), recommending the Court grant Defendants’ Motion to Dismiss (Doc. No. 6). Plaintiff filed
timely objections (Doc. No. 19), to which Defendants responded (Doc. No. 20). The Court has
conducted a de novo review of the record. Plaintiff does not address the Magistrate Judge’s
findings that there is no private right of action under BRIA or the Federal Trade Commission Act,
so the Court adopts the dismissal of those as unopposed. And although she believes that if her
name were not African she would still be permitted to shop at Defendants’ online stores (Doc. No.
19 at 2), she still does not plead with sufficient certainty a race discrimination claim (Doc. No. 18
at 8-10). The Court agrees fully with the Magistrate Judge’s reasoning and recommendation, and
as such, the Report and Recommendation is ADOPTED.
Accordingly, Defendants’ Motion to Dismiss (Doc. No. 6) is GRANTED. As the
Magistrate Judge already gave Plaintiff the opportunity to amend the Complaint (Doc. No. 13),
the Complaint is DISMISSED WITH PREJUDICE. The Clerk shall enter judgment in
accordance with Federal Rule of Civil Procedure 58. The Court CERTIFIES that an appeal in
forma pauperis from this Order would not be taken in good faith. 28 U.S.C. § 1915(a)(3).

IT IS SO ORDERED.

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WAVERLY D. CRENSHAW, JR.
CHIEF UNITED STATES DISTRICT JUDGE

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