Hutton v. U.S. Dept of Veterans Affairs

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE

RONALD HUGH HUTTON, ) ) Plaintiff, ) ) Case No. 3:24-cv-198 v. ) ) Judge Atchley ) U.S. DEPARTMENT OF VETERANS ) Magistrate Judge McCook AFFAIRS, et al., ) ) Defendant. )

ORDER On September 10, 2024, United States Magistrate Judge Jill E. McCook filed a Report and Recommendation [Doc. 9] pursuant to 28 U.S.C. § 636 and the Rules of this Court. The Magistrate Judge recommends that the Complaint [Doc. 2] be dismissed. Plaintiff has not filed an objection to the Report and Recommendation.1 The Court has nonetheless reviewed the Report and Recommendation, as well as the record, and agrees with Magistrate Judge McCook’s well- reasoned conclusions. Accordingly, the Court ACCEPTS and ADOPTS Magistrate Judge McCook’s findings of fact and conclusions of law as set forth in the Report and Recommendation [Doc. 9]. The Complaint [Doc. 2] is DISMISSED. The Clerk is DIRECTED to close this case.

1 Magistrate Judge McCook 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. 9 at 11 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