Duncan v. Stryker Orthopaedics

Filing 27

ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING MOTION FOR SUMMARY JUDGMENT AND DISMISSING CASE 10 26 . Signed by Chief Judge J. Daniel Breen on 2/16/16. (Breen, J.)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
CHARLES M. DUNCAN,
Plaintiff,
v.

No. 15-1006

STRYKER ORTHOPAEDICS,
Defendant.
_____________________________________________________________________________
ORDER ADOPTING REPORT AND RECOMMENDATION,
GRANTING MOTION FOR SUMMARY JUDGMENT AND
DISMISSING CASE
_____________________________________________________________________________
The Plaintiff, Charles M. Duncan, initiated this pro se action on January 8, 2015, against
Defendant, Stryker Orthopaedics, relating to a hip implant. (Docket Entry ("D.E.") 1.) The
Defendant moved for summary judgment on April 2, 2015, asserting that Duncan’s claims were
barred by the applicable statute of limitations (D.E. 10), to which the Plaintiff responded (D.E. 18).
In a report and recommendation entered January 26, 2016, the United States Magistrate Judge
recommended that the motion be granted. (D.E. 26.) No objection to the magistrate judge's
report and recommendation has been filed and the time for such objection has expired.
Upon careful review of the report and recommendation, the dispositive motion and the
relevant materials in the file, the Court finds the recommendation correct in all respects.
Accordingly, the report and recommendation is ADOPTED as the order of the Court. As the
granting of the motion for summary judgment extinguishes Plaintiff’s claims in their entirety, this
matter is DISMISSED.

IT IS SO ORDERED this 16th day of February 2016.
s/ J. DANIEL BREEN
CHIEF UNITED STATES DISTRICT JUDGE

2