Ayers v. Smith et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATION 8 . Signed by Judge Sheryl H. Lipman on 10/30/17. (Lipman, Sheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
EDWARDYINE AYERS,
Plaintiff,
v.
KELVIN SMITH and KTS SOLUTIONS,
Defendants.

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No. 17-cv-2631-SHL-dkv

ORDER ADOPTING REPORT AND RECOMMENDATION
Before the Court is Chief Magistrate Judge Diane K. Vescovo’s Report and
Recommendation for Partial Sua Sponte Dismissal (“Report”) (ECF No. 8), filed October 5,
2017, recommending sua sponte dismissal of Plaintiff’s pro se Complaint.
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 standing or for failure to state a claim
pursuant to Federal Rule of Civil Procedure 12(b)(6). 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 filed no objections. The
Court has reviewed the Report for clear error and finds none. Therefore, the Court ADOPTS the
Magistrate Judge’s Report. Plaintiff’s claim against Kelvin Smith is DISMISSED for failure to

state a claim. The Court DIRECTS the Clerk to issue process for KTS Solutions and deliver
that process to the Marshal for service along with a copy of the Report; that service of the
Complaint (ECF No. 1) be made on KTS Solutions; and that all costs of service be advanced by
the United States. The Court also ORDERS that Ayers serve a copy of every document filed in
this case on the attorney for KTS Solutions; make a certificate of service on every document
filed; familiarize herself with the Federal Rules of Civil Procedure1 as well as the Local Rules;2
notify the Clerk of any change of address or extended absence; and be warned that failure to
comply with these requirements, or any other order of the Court, may result in the dismissal of
her case without further notice.
IT IS SO ORDERED, this 30th day of October, 2017.

s/ Sheryl H. Lipman
SHERYL H. LIPMAN
UNITED STATES DISTRICT JUDGE

1

Available online via the Legal Information Institute (Cornell Law School),
https://www.law.cornell.edu/rules/frcp.
2
A free copy of the Local Rules may be obtained from the Clerk. The Local Rules are also
available on the court’s website at www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf.
2