King v. General Motors Corporation

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATION 10 and dismissing. Signed by Judge Samuel H. Mays, Jr on 09/04/2018.

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

CHRISTOPHER D. KING, SR.,
Plaintiff,
v.
GENERAL MOTORS CORP.,
Defendant.

)
)
)
)
)
)
)
)
)
)
)
)

No. 17-cv-2921-SHM-cgc

ORDER

Before the Court is the Magistrate Judge’s Report and Recommendation, dated August 1, 2018 (the “Report”).
10.)

(ECF No.

The Report recommends that the Court dismiss without

prejudice Plaintiff Christopher King’s action against Defendant
General Motors Corporation for failure to serve process in accordance with Rule 4(m) of the Federal Rules of Civil Procedure.

(Id. at 2.)

Although the Report advised the parties

that any objections must be filed within 14 days of service, no
objections have been filed.
Congress enacted 28 U.S.C. § 636 to relieve the burden on
the federal judiciary by permitting the assignment of districtcourt duties to magistrate judges.

See United States v. Cur-

tis, 237 F.3d 598, 602 (6th Cir. 2001) (citing Gomez v. United
States, 490 U.S. 858, 869-70 (1989)); see also Baker v. Peter-

son, 67 F. App’x 308, 310 (6th Cir. 2003).

A district court

has the authority to “designate a magistrate judge to conduct
hearings, including evidentiary hearings, and to submit to a
judge of the court proposed findings of fact and recommendations for the disposition, by a judge of the court, of any motion.”

28 U.S.C. § 636(b)(1)(B).

The district court has appellate jurisdiction over any decisions the magistrate judge issues pursuant to a referral.
U.S.C. § 636(b); Fed. R. Civ. P. 72.

28

“A district judge must

determine de novo any part of a Magistrate Judge’s disposition
that has been properly objected to.”
U.S.C. § 636(b)(1)(C).

Fed. R. Civ. P. 72(b); 28

The district court is not required to

review -- under a de novo or any other standard -- “any issue
that is not the subject of an objection.”
U.S. 140, 150 (1985).

Thomas v. Arn, 474

The district court should adopt the

findings and rulings of the Magistrate Judge to which no specific objection is filed.

Id.; United States v. Walters, 638

F.2d 947, 950 (6th Cir. 1981.)
Neither party has objected to the Report, and the deadline to do so under Local Rule 72.1 has passed.
U.S.C. § 636(b)(1)(C).

See also 28

The Court has reviewed the Report and

found that its recommendation is warranted.
at 150-51.

2

See Arn, 474 U.S.

The Report is ADOPTED, and this action is DISMISSED, without prejudice, for failure to serve process in accordance with
Rule 4(m) of the Federal Rules of Civil Procedure.

So ordered this 4th day of September, 2018.
/s/ Samuel H. Mays, Jr.
SAMUEL H. MAYS, JR.
UNITED STATES DISTRICT COURT JUDGE

3