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

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