Ramsey v. Boilermaker-Blacksmith National Pension Trust

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE

MICHAEL RAMSEY, ) ) Case No. 3:21-cv-410 Plaintiff, ) ) Judge Travis R. McDonough v. ) ) Magistrate Judge Jill E. McCook BOILERMAKER-BLACKSMITH ) NATIONAL PENSION TRUST, ) ) Defendant. ) )

ORDER

On December 29, 2022, Plaintiff Michael Ramsey filed a motion for leave to appeal in forma pauperis (Doc. 61). On January 10, 2023, United States Magistrate Judge Jill E. McCook filed a report and recommendation (Doc. 63), recommending the Court deny Plaintiff’s motion. Plaintiff has not filed objections to Magistrate Judge McCook’s report and recommendation.1 Nevertheless, the Court has conducted a review of 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 the report and

1 Magistrate Judge McCook specifically advised Plaintiff that he had 14 days in which to object to the report and recommendation and that failure to do so would waive her right to appeal. (Doc. 63, at 4–5); see also Fed. R. Civ. P. 72(b)(2); Thomas v. Arn, 474 U.S. 140, 148-51 (1985) (noting that “[i]t 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”). Even taking into account the three additional days for service provided by Fed. R. Civ. P. 6(d), the period in which Plaintiff could timely file any objections has now expired. recommendation (Doc. 63) pursuant to 28 U.S.C. § 636(b)(1), and ORDERS Plaintiff’s motion for leave to appeal in forma pauperis (Doc. 61) is DENIED. SO ORDERED.

/s/ Travis R. McDonough TRAVIS R. MCDONOUGH UNITED STATES DISTRICT JUDGE