Thomas v. Hickory Hill Post Office
Filing
10
ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by Judge Samuel H. Mays, Jr on 6/8/2015. (Mays, Samuel) (Main Document 10 replaced on 6/8/2015) (Mays, Samuel).
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
TAMMY THOMAS,
)
)
)
)
)
)
)
)
)
Plaintiff,
v.
HICKORY HILL POST OFFICE,
Defendant.
15-2058
ORDER
Before the Court is the Magistrate Judge’s April 23, 2015
Report and Recommendation (the “Report”) recommending that the
Court grant Defendant Hickory Hill Post Office’s (the “USPS”)
Motion to Dismiss for Lack of Jurisdiction.
(Rep., ECF No. 9.)
No objection has been filed to the Report and the time to do so
has passed.
For the following reasons, the Magistrate Judge’s
Report is ADOPTED and the USPS’s Motion to Dismiss for Lack of
Jurisdiction is GRANTED.
Congress enacted 28 U.S.C. § 636 to relieve the burden on
the federal judiciary by permitting the assignment of district
court duties to magistrate judges.
237
F.3d
States,
598,
490
602
U.S.
(6th
858,
Cir.
869-70
See United States v. Curtis,
2001)
(citing
(1989));
see
Gomez
v.
also
Peterson, 67 F. App’x 308, 310 (6th Cir. 2003).
United
Baker
v.
“A district
judge must determine de novo any part of a magistrate judge’s
disposition that has been properly objected to.”
P.
72(b);
28
U.S.C.
§
636(b)(1)(C).
After
Fed. R. Civ.
reviewing
the
evidence, the court is free to accept, reject, or modify the
proposed findings or recommendations of the magistrate judge.
28 U.S.C. § 636(b)(1)(C).
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.
Thomas v. Arn, 474 U.S. 140, 150 (1985).
The district court
should adopt the findings and rulings of the magistrate judge to
which no specific objection is filed.
Id. at 151.
The Magistrate Judge finds that the Court lacks subject
matter jurisdiction because Plaintiff Tammy Thomas’s claim “fits
within
the
immunity.”
exception
to
the
general
(Report, ECF No. 9 at 4.)
waiver
of
sovereign
The Report states that
any objections must be filed within fourteen (14) days after
service
of
the
Report.
636(b)(1)(C)(“Within
(Id.);
fourteen
days
see
also
after
being
28
U.S.C.
served
§
with
a
copy [of the Magistrate Judge’s Report], any party may serve and
file
written
objections
to
such
proposed
findings
and
recommendations as provided by the rules of the court.”).
Because no party has objected, Arn counsels the Court to
adopt
the
Report
in
its
entirety.
Arn,
474
U.S.
at
151.
Adopting the Report is consistent with the policies underlying §
636, specifically judicial economy and protecting against the
2
“functions of the district court [being] effectively duplicated
as both the magistrate and the district court perform identical
tasks.”
Howard v. Sec’y of Health & Human Servs., 932 F.2d 505,
509 (6th Cir. 1991).
For the foregoing reasons, the Magistrate Judge’s Report is
ADOPTED
and
the
USPS’s
Motion
to
Dismiss
for
Lack
Jurisdiction is GRANTED.
So ordered this 8th day of June, 2015.
/s Samuel H. Mays, Jr.______
SAMUEL H. MAYS, JR.
UNITED STATES DISTRICT JUDGE
3
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