Robinson v. EEOC

Filing 37

ORDER ADOPTING REPORT AND RECOMMENDATION. Signed by Judge Jon Phipps McCalla on 10/22/2019. (mom)

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

ANTHONY ROBINSON,
Plaintiff,
v.
EEOC; WILLIS MARTIN, Interviewer;
AUDREY BONNER; JAN MITCHELL,
Defendants.

)
)
)
)
)
)
)
)
)
)
)

Case No. 2:17-cv-2674-JPM-dkv

ORDER ADOPTING THE REPORT AND RECOMMENDATION TO GRANT
DEFENDANTS’ MOTION TO DISMISS

Before the Court is the Report and Recommendation filed by U.S. Magistrate Judge
Diane K. Vescovo on August 28, 2019. (ECF No. 36.) In the Report and Recommendation, the
Magistrate Judge recommends that Defendants’ Motion to Dismiss Complaint as Moot (ECF No.
34) pursuant to Federal Rule of Civil Procedure Rule 12(b)(1) be granted. (ECF No. 36 at
PageID 261, 266.)
“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). Plaintiff Anthony Robinson has not filed any objections to the Report
and Recommendation, and the time for filing objections expired on September 11, 2019. 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 note.

On clear-error review of the Magistrate Judge’s Report and

Recommendation, the Court hereby ADOPTS the Report and Recommendation in its entirety.
Accordingly, Defendants’ Motion to Dismiss Complaint as Moot is GRANTED. All claims
asserted by Plaintiff against Defendant are DISMISSED WITH PREJUDICE.
SO ORDERED, this 22nd day of October, 2019.
/s/ Jon P. McCalla
JON P. McCALLA
UNITED STATES DISTRICT JUDGE

2