McGhee v. Lipscomb et al

Filing 6

ORDER adopting Report and Recommendations re 5 Report and Recommendations; and ORDER of Dismissal.. Signed by Judge Jon Phipps McCalla on 8/10/2015. (McCalla, Jon)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
WALTER MCGHEE, II,
Plaintiff,
v.
ROBERT LIPSCOMB, et al.,
Defendants.

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No. 2:15-cv-02023-JPM-tmp

ORDER ADOPTING THE REPORT AND RECOMMENDATION; AND
ORDER OF DISMISSAL

Before the Court is the Magistrate Judge’s report and
recommendation, filed July 14, 2015.

(ECF No. 5.)

In the

report and recommendation, the Magistrate Judge recommends “that
McGhee’s federal claims be dismissed for failure to state a
claim pursuant to Rule 12(b)(6) and 28 U.S.C. § 1915(e)(2) as to
all the defendants, and that the court decline jurisdiction over
the remaining state law claims based on 28 U.S.C. § 1367(c)(3).”
(ECF No. 5 at 17.)
Pursuant to Federal Rule of Civil Procedure 72(b)(2),
“[w]ithin 14 days after being served with a copy of the
recommended disposition, a party may serve and file specific
written objections to the proposed findings and
recommendations.”

Fed. R. Civ. P. 72(b)(2).

No objections to

the Report and Recommendation have been filed, and the time for

filing objections expired on July 31, 2015.

See Fed. R. Civ. P.

5(b)(2), 6(d), 72(b)(2).
“When no timely objection is filed, the court need only
satisfy itself that there is no clear error on the face of the
record in order to accept the recommendation.”
72(b) advisory committee notes.

Fed. R. Civ. P.

On clear-error review of the

Magistrate Judge’s Report and Recommendation, the Court hereby
ADOPTS the Report and Recommendation (ECF No. 5) in its
entirety.
Accordingly, Plaintiff Walter McGhee, II’s federal claims
are hereby DISMISSED as to all defendants for failure to state a
claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil
Procedure and 28 U.S.C. § 1915(e)(2).

Additionally, the Court

declines to exercise jurisdiction over the remaining state law
claims pursuant to 28 U.S.C. § 1367(c)(3).

IT IS SO ORDERED, this 10th day of August, 2015.
/s/ Jon P. McCalla
JON P. McCALLA
U.S. DISTRICT COURT JUDGE

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