Johnson v. Oldham et al
ORDER Granting 15 Motion to Dismiss for Failure to State a Claim; Adopting 16 Report and Recommendations. Signed by Judge Sheryl H. Lipman on 1/17/17. (Lipman, Sheryl)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WILLIAM OLDHAM, SHERIFF, and
SHELBY COUNTY SHERIFF’S OFFICE,
ORDER ADOPTING THE REPORT AND RECOMMENDATION
Before the Court is the Chief Magistrate Judge’s Report and Recommendation on
Defendants’ Motion to Dismiss Plaintiff’s pro se complaint. (ECF No. 16.) A magistrate judge
may submit to a judge of the court proposed findings of fact and recommendations for dismissal
of a complaint for failure to state a claim upon which relief can be granted. 28 U.S.C. §
636(b)(1)(B). When neither party objects to the magistrate judge’s factual or legal conclusions,
the district court need not review those findings under a de novo or any other standard. Thomas
v. Arn, 474 U.S. 140, 150 (1985). “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.”
Fed. R. Civ. P. 72(b) advisory committee notes. Here, the deadline to file an objection to the
R&R was January 10, 2017; however, to date, Plaintiff has not filed an objection. On clear-error
review of the Chief Magistrate Judge’s Report and Recommendation, the Court hereby
ADOPTS the Report and Recommendation (ECF No. 16) in its entirety.
Accordingly, Defendants’ Motion to Dismiss (ECF No. 15) is GRANTED and Plaintiff’s
Pro Se Complaint (ECF No. 1) is DISMISSED WITH PREJUDICE.
IT IS SO ORDERED, this 17th day of January, 2017.
s/ Sheryl H. Lipman
SHERYL H. LIPMAN
UNITED STATES DISTRICT JUDGE
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