Dodd v. Keeton
Dodd v. Keeton
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION
ERNEST DODD, SR., ) ) Petitioner, ) NO. 3:11-cv-01090 ) v. ) JUDGE RICHARDSON ) CHERRY LINDAMOOD, ) ) Respondent. )
ORDER On August 18, 2021, Magistrate Judge Frensley issued a Report and Recommendation (“R&R”) (Doc. No. 77), recommending that the Court (1) deny and dismiss with prejudice Petitioner’s Amended Petition for Writ of Habeas Corpus (Doc. No. 23), (2) deny a certificate of appealability to all claims, and (3) deny Petitioner’s request for an evidentiary hearing as to all claims. Neither party objected to the R&R. The failure to object to a report and recommendation releases the Court from its duty to independently review the matter. Frias v. Frias, No. 2:18-cv-00076,
2019 WL 549506, at *2 (M.D. Tenn. Feb. 12, 2019); Hart v. Bee Property Mgmt., No. 18-cv-11851,
2019 WL 1242372, at * 1 (E.D. Mich. March 18, 2019) (citing Thomas v. Arn,
474 U.S. 140, 149(1985)). The district court is not required to review, under a de novo or any other standard, those aspects of the report and recommendation to which no objection is made. Ashraf v. Adventist Health System/Sunbelt, Inc.,
322 F. Supp. 3d 879, 881(W.D. Tenn. 2018); Benson v. Walden Security, No. 3:18-cv-0010,
2018 WL 6322332, at *3 (M.D. Tenn. Dec. 4, 2018). The district court should adopt the magistrate judge’s findings and rulings to which no specific objection is filed.
Id.Nonetheless, the Court has reviewed the R&R and ADOPTS and APPROVES the R&R (Doc. No. 77). Petitioner’s Amended Petition for Writ of Habeas Corpus (Doc. No. 23) is DENIED and DISMISSED with prejudice. A certificate of appealability is DENIED to all claims. Petitioner’s request for an evidentiary hearing is DENIED as to all claims. IT IS SO ORDERED.
ELI RICHARDSON UNITED STATES DISTRICT JUDGE
Reference
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