Lemay v. Correct Care Solutions/Wellpath Inc.

M.D. Tennessee

Lemay v. Correct Care Solutions/Wellpath Inc.

DecidedJune 15, 2021

Docket3:19-cv-00683

StatusUnknown

This text of Lemay v. Correct Care Solutions/Wellpath Inc. (Lemay v. Correct Care Solutions/Wellpath Inc.) is published on Counsel Stack Legal Research, covering District Court, M.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Lemay v. Correct Care Solutions/Wellpath Inc., (M.D. Tenn. 2021).

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Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION

LARRY LEE LEMAY, ) ) Plaintiff, ) ) No. 3:19-cv-00683 v. ) JUDGE RICHARDSON ) CORRECT CARE SOLUTIONS, LLC, et ) al., ) ) Defendants. )

ORDER Pending before the Court is a Report and Recommendation of the Magistrate Judge (Doc. No. 106), recommending that Defendants Metropolitan Government of Nashville and Davidson County, Tennessee (“Metro Government”) and Davidson County Sheriff’s Office (“DCSO”) Officer Keyonna Alexander Motion to Dismiss (Doc. No. 84) be granted. Specifically, the Magistrate Judge recommended that Plaintiff’s deliberate indifference claim against Defendant Alexander be dismissed with prejudiced, and that Plaintiff’s municipal liability claims against Defendant Metro Government be dismissed with prejudice. No Objections to the Report and Recommendation have been filed. 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 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. Nonetheless, the Court has reviewed the Report and Recommendation and the file. The Report and Recommendation is adopted and approved. Accordingly, Defendant’s Motion to Dismiss (Doc. No. 84) is GRANTED. IT IS SO ORDERED.

ELI RICHARDSON UNITED STATES DISTRICT JUDGE

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION

LARRY LEE LEMAY, ) ) Plaintiff, ) ) No. 3:19-cv-00683 v. ) JUDGE RICHARDSON ) CORRECT CARE SOLUTIONS, LLC, et ) al., ) ) Defendants. )

ORDER Pending before the Court is a Report and Recommendation of the Magistrate Judge (Doc. No. 106), recommending that Defendants Metropolitan Government of Nashville and Davidson County, Tennessee (“Metro Government”) and Davidson County Sheriff’s Office (“DCSO”) Officer Keyonna Alexander Motion to Dismiss (Doc. No. 84) be granted. Specifically, the Magistrate Judge recommended that Plaintiff’s deliberate indifference claim against Defendant Alexander be dismissed with prejudiced, and that Plaintiff’s municipal liability claims against Defendant Metro Government be dismissed with prejudice. No Objections to the Report and Recommendation have been filed. 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 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. Nonetheless, the Court has reviewed the Report and Recommendation and the file. The Report and Recommendation is adopted and approved. Accordingly, Defendant’s Motion to Dismiss (Doc. No. 84) is GRANTED. IT IS SO ORDERED.

ELI RICHARDSON UNITED STATES DISTRICT JUDGE

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