Johnson v. U.S. Securities and Exchange Commission

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE GREENEVILLE DIVISION

ROBERT W. JOHNSON, ) ) Plaintiff, ) 2:24-CV-00163-DCLC-CRW )

v. )

) U.S. SECURITIES AND EXCHANGE ) COMMISSION, et al., ) ) Defendants. )

ORDER This matter is before the Court to consider the Report and Recommendation (“R&R”) of the United States Magistrate Judge [Doc. 8]. Pursuant to 28 U.S.C. § 1915, the magistrate judge recommends that Plaintiff’s Complaint [Doc. 2] be dismissed with prejudice because the claims set forth therein are devoid of legal and factual merit [Doc. 8, pg. 8]. The magistrate judge further recommends that this matter be referred to the Chief District Judge for a determination of whether Plaintiff should be declared a vexatious litigant [Id.]. Plaintiff did not file timely objections to the R&R.1 See Fed.R.Civ.P. 72(b). After thorough consideration of the R&R and the record as a whole, the Court finds that the magistrate judge properly analyzed the issues presented. For the reasons set out in the R&R, which are incorporated by reference herein, it is hereby ORDERED that the R&R [Doc. 8] is ADOPTED. Accordingly, Plaintiff’s Complaint [Doc. 2] is DISMISSED WITH PREJUDICE and this matter is REFERRED to the Chief District Judge for a determination as to whether Plaintiff should be declared a vexatious litigant.

1 Failure to file objections within the 14-day period pursuant to Rule 72(b) results in waiver of the right to appeal the Court’s order. Thomas v. Arn, 474 U.S. 140, 153-54 (1985). SO ORDERED:

s/ Clifton L. Corker United States District Judge