Lawrence v. Department of Veteran's Affairs, Tennessee Valley Healthcare System

Filing 39

ORDER: Accordingly, the R&R (Doc. No. 38 ) is ADOPTED. Defendant's Motion to Dismiss (Doc. No. 33 ) is GRANTED IN PART and DENIED IN PART. Signed by District Judge Eli J. Richardson on 1/17/23. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)

IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
PHYLLIS J. LAWRENCE,

)
)
Plaintiff,
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v.
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DENIS MCDONOUGH, United States )
Secretary of Veterans Affairs,
)
)
Defendant.
)

NO. 3:21-cv-00031
JUDGE RICHARDSON

ORDER
Pending before the Court is a Report and Recommendation of the Magistrate Judge (Doc.
No. 38, “R&R”), wherein the Magistrate Judge recommends that this Court grant in part and deny
in part Defendant’s Motion to Dismiss (Doc. No. 33). No parties have filed an objection within
14 days as required by Fed. R. Civ. P. 72 and 28 U.S.C. § 636(b)(1).
The failure to properly, specifically, and timely object to a report and recommendation
releases the Court from its duty to independently review the matter. Frias v. Frias, No. 2:18-cv00076, 2019 WL 549506, at *2 (M.D. Tenn. Feb. 12, 2019). “The filing of vague, general, or
conclusory objections does not meet the requirement of specific objections and is tantamount to a
complete failure to object. Moreover, an objection that does nothing more than state a
disagreement with a magistrate’s suggested resolution, or simply summarizes what has been
presented before, is not an objection as that term is used in this context.” Id. at *2 (internal citations
and quotation marks omitted). The district court is not required to review, under a de novo or any
other standard, those aspects of the report and recommendation to which no objection is made.
Ashraf v. Adventist Health System/Sunbelt, Inc., 322 F. Supp. 3d 879, 881 (W.D. Tenn. 2018);

Case 3:21-cv-00031 Document 39 Filed 01/17/23 Page 1 of 2 PageID #: 188

Benson v. Walden Security, No. 3:18-cv-0010, 2018 WL 6322332, at *3 (M.D. Tenn. Dec. 4,
2018). The district court should adopt the magistrate judge’s findings and rulings to which no
specific objection is filed. Id.
Accordingly, the R&R (Doc. No. 38) is ADOPTED. Defendant’s Motion to Dismiss (Doc.
No. 33) is GRANTED IN PART and DENIED IN PART.
IT IS SO ORDERED.
___________________________________
ELI RICHARDSON
UNITED STATES DISTRICT JUDGE

Case 3:21-cv-00031 Document 39 Filed 01/17/23 Page 2 of 2 PageID #: 189