Santos v. Lane

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION

FESNANDO F. SANTOS, ) ) Plaintiff, ) ) v. ) No. 3:22-cv-00231 ) LT. LANE, et al., ) ) Defendants. )

ORDER

Before the Court is a Report and Recommendation (“R&R”) (Doc. No. 16) recommending the Court grant Defendants’ Motion to Dismiss (Doc. No. 12) and dismiss Santos’ Complaint (Doc. No. 1) without prejudice. Neither Santos, nor either Defendant filed a timely objection to the R&R. Where no party objects to the R&R within 14 days of service, the Court is released 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.”). Still, the Court thoroughly reviewed the R&R and agrees with its recommended disposition. The R&R is APPROVED AND ADOPTED. Defendants’ Motion to Dismiss (Doc. No. 12) is GRANTED. The case is DISMISSED WITHOUT PREJUDICE. Santos may refile his claims after he has exhausted the jail grievance process. IT IS SO ORDERED.

WAVERLY 4 RENSHAW, JR. CHIEF UNITED STATES DISTRICT JUDGE