Kalk v. Slatery, III

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION

ROBERT HARRISON KALK, ) ) Plaintiff, ) ) v. ) No. 3:22-cv-00243 ) GLENN FUNK, ) ) Defendant. )

ORDER

Before the Court is a Report and Recommendation (“R&R”) (Doc. No. 35) recommending the Court grant Defendant Glenn Funk’s Motion to Dismiss (Doc. No. 27). Kalk, proceeding pro se, failed to file a timely objection. A party’s failure to “timely object to a report and recommendation releases the Court from its duty to independently review the matter.” Lawhorn v. Buy Buy Baby, Inc., No. 3:20-cv-00201, 2021 WL 1063075, at *1 (M.D. Tenn. Mar. 19, 2021); see also Thomas v. Arn, 474 U.S. 140, 150 (1985) (“It does not appear that Congress intended to require district court review of a magistrate’s factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings.”). Regardless, the Court thoroughly reviewed the R&R and agrees with the Magistrate Judge’s recommended disposition. Thus, the R&R (Doc. No. 35) is APPROVED AND ADOPTED. Defendant Funk’s Motion to Dismiss (Doc. No. 27) is GRANTED. Accordingly, this action is DISMISSED WITH PREJUDICE. This is a final order. The Clerk shall enter judgment in accordance with Federal Rule of Civil Procedure 58 and close the file. IT IS SO ORDERED. / WAVERLY é CRENSHAW, JR. CHIEF UNITED STATES DISTRICT JUDGE