Reid v. Sears Holdings Management Corp.
Filing
7
ORDER ADOPTING REPORT AND RECOMMENDATIONS, DISMISSING CASE. Signed by Judge Samuel H. Mays, Jr on 2/26/15. (Mays, Samuel)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
MAX P. REID
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Plaintiff,
v.
SEARS HOLDINGS MANAGEMENT
CORP.,
Defendant.
15-2070
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Before the Court is the Magistrate Judge’s February 9, 2015
Report and Recommendation (the “Report”) recommending that this
case be dismissed sua sponte for failure to state a claim under
28 U.S.C. § 1915.
(Rep., ECF No. 6.)
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 case is DISMISSED.
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 Plaintiff’s Complaint is
time-barred.
(Report
at
12.)
The
Report
states
that
any
objections must be filed within fourteen (14) days after service
of
the
Report.
(Id.
636(b)(1)(C)(“Within
at
fourteen
13.);
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
“functions of the district court [being] effectively duplicated
as both the magistrate and the district court perform identical
2
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 case is DISMISSED.
So ordered this 26th day of February, 2015.
/s Samuel H. Mays, Jr.______
SAMUEL H. MAYS, JR.
UNITED STATES DISTRICT JUDGE
3
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