Tartt v. Tennessee Health Management Inc.

Filing 18

ORDER granting 12 Motion to Dismiss for Failure to State a Claim; adopting 17 Report and Recommendations.. Signed by Judge Jon Phipps McCalla on 03/02/2018. (McCalla, Jon)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

TONIA LASHAW TARTT,
Plaintiff,
v.
TENNESSEE HEALTH MANAGEMENT,
INC., D/B/A BEHAVIORAL
HEALTHCARE CENTER OF MEMPHIS,
Defendant.

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No. 2:17-cv-02639-JPM-tmp

ORDER ADOPTING MAGISTRATE’S REPORT AND RECOMMENDATION
AND
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

Before the Court is the Report and Recommendation of United States Magistrate
Judge Tu Pham. (ECF No. 17.) In the Report and Recommendation, Magistrate Judge Pham
recommends that Defendant Tennessee Health Management, Inc.’s (“THM”) Motion to
Dismiss (ECF No. 12) be granted because Plaintiff Tonia Tartt’s complaint fails to state a
claim upon which relief can be granted. (ECF No. 17, PageID 128.)
Pursuant to Federal Rule of Civil Procedure 72(b)(2), “[w]ithin 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).
In the instant case, no objections to the Report and Recommendation were filed within the

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fourteen days after the report and recommendation were served. See Fed. R. Civ. P. 5(b)(2),
6(d), 72(b)(2).
“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. On clear-error review of the Magistrate Judge’s Report and
Recommendation, the Court hereby ADOPTS the Report and Recommendation (ECF No. 17)
in its entirety.
THM’s Motion to Dismiss (ECF No. 12) is hereby GRANTED, and Tartt’s claims are
DISMISSED WITH PREJUDICE.

SO ORDERED, this 2nd day of March, 2018.
/s/ Jon P. McCalla
JON P. McCALLA
UNITED STATES DISTRICT JUDGE

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