Humphrey v. Friar et al

Filing 201

ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING PLAINTIFF'S COUNSEL'S REVISED EMERGENCY MOTION FOR APPOINTMENT OF A GUARDIAN AD LITEM FOR MINOR CHILD O.H. AND APPOINTING ATTORNEY MICHAEL GREGORY DERRICK AS GUARDIAN. Signed by Judge Sheryl H. Lipman on 02/25/2021. (shl)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
GINNY HUMPHREY, as Parent and
Legal Guardian of Minor Child, O.H.,
Plaintiff,
v.
RICKIE FRIAR, RITA STANBACK, and
FRANK TENNANT,
Defendants.

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No. 2:17-cv-2741-SHL-atc

ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING
PLAINTIFF’S COUNSEL’S REVISED EMERGENCY MOTION FOR
APPOINTMENT OF A GUARDIAN AD LITEM FOR MINOR CHILD
O.H. AND APPOINTING ATTORNEY MICHAEL GREGORY DERRICK
AS GUARDIAN
Before the Court is Magistrate Judge Annie T. Christoff’s (“Magistrate Judge”) Report
and Recommendation (sealed) (ECF No. 197), filed February 10, 2021, recommending that the
Court grant Plaintiff’s Counsel’s Revised Emergency Motion for Appointment of a Guardian Ad
Litem for Minor Child O.H., (ECF No. 138) (“the Motion”), filed September 17, 2020. The
Magistrate Judge further recommends that, if the Court accepts the recommendation that a
Guardian should be appointed, Attorney Michael Gregory Derrick should be appointed as the
Rule 17(c)(2) Guardian Ad Litem. 1
A magistrate judge may submit to a judge of the court recommendations for the
determination of certain pretrial matters. 28 U.S.C. §§ 636(b)(1)(A)–(B). A district court
reviews de novo only those proposed findings of fact or conclusions of law to which a party
specifically objects. Fed. R. Civ. P. 72(b)(2); see also Fed. R. Civ. P. 72(b)(3). Pursuant to the

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As noted in the Report, the Parties agree to Mr. Derrick’s appointment. (ECF No. 197 at
PageID 1813.)

Third Scheduling Order, (ECF No. 174), the Parties were given seven (7) days to “serve and file
written objections to the proposed findings and recommendations.” (ECF No. 197 at PageID
1813-14 (citing Fed. R. Civ. P. 72(b)(2), as modified by the Third Scheduling Order).)
None of the Parties have filed an objection, and the deadline to do so has now passed.
The Court has reviewed the Report for clear error and finds none. Therefore, the Court
ADOPTS the Magistrate Judge’s Report and hereby GRANTS the Motion and APPOINTS
Attorney Michael Gregory Derrick as the Rule 17(c)(2) Guardian Ad Litem.
IT IS SO ORDERED, this 25th day of February, 2021.
s/ Sheryl H. Lipman
SHERYL H. LIPMAN
UNITED STATES DISTRICT JUDGE

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