Watkins v. Tipton County Sheriff Office et al

Filing 29

ORDER ADOPTING 22 REPORT AND RECOMMENDATION AND GRANTING 18 MOTION TO DISMISS. Signed by Judge Sheryl H. Lipman on 10/10/2018. (shl)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
)
)
Plaintiff,
)
)
v.
TIPTON COUNTY SHERIFF OFFICE, et al., )
)
Defendants.
)
THELMA A. WATKINS,

No. 2:18-cv-02289-SHL-dkv

ORDER ADOPTING REPORT AND RECOMMENDATION AND
GRANTING DEFENDANT TIPTON COUNTY SHERIFF OFFICE’S
MOTION TO DISMISS
Before the Court is Magistrate Judge Diane K. Vescovo’s (“Magistrate Judge”) Report
and Recommendation (“Report”) (ECF No. 22), filed September 25, 2018, recommending that
the Court grant Defendant Tipton County Sheriff’s Office’s (“TCSO”) Motion to Dismiss. (ECF
No. 18.)
A magistrate judge may submit to a judge of the court proposed findings of fact and
recommendations for dismissal of a complaint for failure to state a claim. 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) (2017). A district
court reviews de novo only those proposed findings of fact or conclusions of law to which a
party specifically objects. § 636(b)(1); Fed. R. Civ. P. 72(b)(3).
Plaintiff Thelma A. Watkins has filed no objections to the Magistrate Judge’s Report, 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
TCSO’s Motion to Dismiss. The Clerk is instructed to terminate TCSO as a defendant, and,

going forward, the case shall be styled, THELMA A. WATKINS, Plaintiff, v. KEITH
SAEMENES, in his individual capacity, Defendant.
IT IS SO ORDERED, this 10th day of October, 2018.
s/ Sheryl H. Lipman
SHERYL H. LIPMAN
UNITED STATES DISTRICT JUDGE

2