Galloway-Bey v. State of Tennessee
Galloway-Bey v. State of Tennessee
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT CHATTANOOGA
KENNETH LAMONT GALLOWAY- ) BEY, ) Case No. 1:19-cv-320 ) Plaintiff, ) Judge Travis R. McDonough ) v. ) Magistrate Susan K. Lee ) STATE OF TENNESSEE, et al., ) ) Defendants. ) )
ORDER
On July 19, 2019, Plaintiff Kenneth Lamont Galloway-Bey filed this pro se action as well as a motion to proceed in forma pauperis (Docs. 1, 2). On November 8, 2019, United States Magistrate Judge Susan K. Lee filed a report and recommendation (Doc. 3), recommending the Court dismiss the complaint pursuant to
28 U.S.C. § 1915(e). Plaintiff has not filed objections to Magistrate Judge Lee’s report and recommendation.1 Nevertheless, the Court has conducted a review of the report and recommendation, as well as the record, and agrees with Magistrate Judge Lee’s well-reasoned conclusions. Accordingly, the
1 Magistrate Judge Lee specifically advised Plaintiff that he had 14 days in which to object to the report and recommendation and that failure to do so would waive her right to appeal. (Doc. 3, at 6); see also Fed. R. Civ. P. 72(b)(2); Thomas v. Arn,
474 U.S. 140, 148-51(1985) (noting that “[i]t does not appear that Congress intended to require district court review of a magistrate’s factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings”). Even taking into account the three additional days for service provided by Fed. R. Civ. P. 6(d), the period in which Plaintiff could timely file any objections has now expired. Court ACCEPTS and ADOPTS the report and recommendation (Doc. 3) pursuant to
28 U.S.C. § 636(b)(1), and ORDERS that the action be DISMISSED. AN APPROPRIATE JUDGMENT WILL ENTER.
/s/ Travis R. McDonough TRAVIS R. MCDONOUGH UNITED STATES DISTRICT JUDGE
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