Ray v. Federal Bureau of Investigation

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION PASSION RAY, ) ) Plaintiff, ) ) NO. 3:23-cv-00994 v. ) ) JUDGE RICHARDSON FEDERAL BUREAU OF ) INVESTIGATION, ) ) Defendant. ) ORDER Pending before the Court is a Report and Recommendation (“R&R”) of the magistrate judge (Doc. No. 9) from November 27, 2023, recommending that the Court dismiss this action without prejudice and that Defendant’s Motion to Dismiss (Doc. No. 5, “Motion”) be found moot.

This recommendation is based on both Plaintiff’s failure to oppose the Motion and failure to respond to the magistrate judge’s Show Cause Order (Doc. No. 8). No objections to the R&R have been filed, and the time for filing objections has now expired.1 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 Under Fed. R. Civ. P. 72(b), any party has fourteen (14) days from receipt of the R&R in which to file any written objections to the Recommendation with the District Court. For pro-se plaintiffs, like Plaintiff, the Court is willing to extend this 14-day deadline by three days to allow time for filings to be transported by mail. 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. /d.

Accordingly, the R&R (Doc. No. 9) is adopted. The case is DISMISSED without prejudice, and Defendant’s Motion to Dismiss (Doc. No. 5) is DENIED as moot.

IT IS SO ORDERED.

Che Rech UNITED STATES DISTRICT JUDGE