Parsons v. Tester
Parsons v. Tester
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT GREENEVILLE
KEVIN PARSONS, ) ) Case No. 2:19-cv-225 Plaintiff, ) ) Judge Travis R. McDonough v. ) ) Magistrate Judge Cynthia R. Wyrick EDWARD TESTER, Individually and in His ) Official Capacity as Sheriff of Johnson ) County, Tennessee, et al., ) ) Defendants. )
ORDER
On January 3, 2020, United States Magistrate Judge Cynthia R. Wyrick filed her report and recommendation (Doc. 3) pursuant to
28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). Magistrate Judge Wyrick recommended that the Court deny Plaintiff Kevin Parsons’s application to proceed in forma pauperis (Doc. 2). (Doc. 3, at 2.) Plaintiff has paid the filing fee and has not filed objections to the Magistrate Judge’s report and recommendation.1 The Court has reviewed the report and recommendation, as well as the record, and agrees with Magistrate Judge Wyrick’s well-reasoned conclusions. Accordingly, the Court ACCEPTS
1 Magistrate Judge Wyrick specifically advised Plaintiff that he had fourteen days in which to object to the report and recommendation and that failure to do so would waive his right to appeal. (Doc. 3, at 2 n.1); see Fed. R. Civ. P. 72(b)(2); see also 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. and ADOPTS the report and recommendation (Doc. 3). Plaintiff’s motion to proceed in forma pauperis (Doc. 2) is hereby DENIED. SO ORDERED. /s/ Travis R. McDonough TRAVIS R. MCDONOUGH UNITED STATES DISTRICT JUDGE
Reference
- Status
- Unknown