Evers v. Tennessee Department of Children's Services

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE

SCOTT EVERS, et al., ) ) Plaintiffs, ) Case No. 3:25-cv-199 ) v. ) Judge Atchley ) TENNESSEE DEPARTMENT OF ) Magistrate Judge Poplin CHILDREN’S SERVICES, et al., ) ) Defendants. )

ORDER On September 4, 2025, United States Magistrate Judge Debra C. Poplin filed a Report and Recommendation [Doc. 24] pursuant to 28 U.S.C. § 636 and the Rules of this Court. The Magistrate Judge recommends the Court dismiss the Amended Complaint [Doc. 3] for failure to state a claim in accordance with 28 U.S.C. § 1915. Plaintiffs have not filed an objection to the Report and Recommendation, and the time for doing so has since expired.1 The Court has nonetheless reviewed the Report and Recommendation, as well as the record, and agrees with Magistrate Judge Poplin’s well-reasoned conclusions. Accordingly, the Court ACCEPTS and ADOPTS Magistrate Judge Poplin’s findings of fact and conclusions of law as set forth in the Report and Recommendation [Doc. 24]. The Amended Complaint [Doc. 3] is hereby DISMISSED. A separate judgment will enter. There being no more matters to resolve, the Clerk is DIRECTED to close the file.

1 Magistrate Judge Poplin advised that the parties had 14 days in which to object to the Report and Recommendation and that failure to do so would waive any right to appeal. [Doc. 24 at 19 n.9]; see FED. R. CIV. P. 72(b)(2); see also Thomas v. Arn, 474 U.S. 140, 148–51 (1985) (“It does not appear that Congress intended to require district court review of a magistrate judge’s factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings.”). SO ORDERED. /s/ Charles E. Atchley, Jr. CHARLES E. ATCHLEY, JR. UNITED STATES DISTRICT JUDGE