Grose-Dowdy v. State Farm Mutual Automobile Insurance Co.

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by Judge Sheryl H. Lipman on 3/27/17. (Lipman, Sheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
LONITA GROSE-DOWDY and
JEFFERSON GROSE, III, Co-Administrator
ESTATE OF LUCILLE GROSE,
DECEASED,
Plaintiff,
v.
STATE FARM MUTUAL AUTOMOBILE
INSURANCE CO.,

)
)
)
)
)
)
)
)
)

No. 16-cv-2590-SHL-cgc

Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
Before the Court is Magistrate Judge Charmiane G. Claxton’s Report and
Recommendation (the “Report”) (ECF No. 20), filed January 6, 2017, recommending that the
Court grant Defendant’s Motion to Dismiss (ECF No. 10) for lack of capacity to sue, deny
Plaintiff’s Motion to Amend (ECF No. 14) as futile, and deny Plaintiff’s Motion for the Court to
Intervene (ECF No. 16) as moot. For the following reasons, the Court ADOPTS the Report.
A magistrate judge may submit to a judge of the court proposed findings of fact and
recommendations for dismissal of a complaint for lack of capacity to sue or for failure to state a
claim. 28 U.S.C. § 636(b)(1)(B). “Within 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); see also 28 U.S.C. § 636(b)(1). A
district court reviews de novo only those proposed findings of fact or conclusions of law to
which a party specifically objects. Id.; see also Fed. R. Civ. P. 72(b)(3).
The deadline to object to the Report has passed, and Plaintiff has not filed any objections.
The Court has reviewed the Report for clear error and finds none. Therefore, the Court

ADOPTS the Magistrate Judge’s Report and GRANTS Defendant’s Motion to Dismiss,
DENIES Plaintiff’s Motion to Amend, and DENIES AS MOOT Plaintiff’s Motion for the
Court to Intervene.
IT IS SO ORDERED, this 27th day of March, 2017.
s/ Sheryl H. Lipman
SHERYL H. LIPMAN
UNITED STATES DISTRICT JUDGE

2