Villagrana v. Loving

District Court, M.D. Tennessee·Decided August 2, 2023·No. 3:21-cv-00836·Unknown

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION

ABEL ALEJANDRO VILLAGRANA, ) ) Plaintiff, ) ) v. ) NO. 3:21-cv-00836 ) SCOTT WELCH and ) DEANDRE CARTER, ) ) Defendants. )

ORDER

The Magistrate Judge entered a Report and Recommendation (“R&R”) (Doc. No. 89) recommending that the Court grant Plaintiff Abel Alejandro Villagrana’s Motion to Dismiss Without Prejudice (Doc. No. 88) pursuant to Federal Rule of Civil Procedure 41(a)(2). No timely objections have been filed. The absence of objections “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. Accordingly, the R&R (Doc. No. 89) is APPROVED AND ADOPTED, Plaintiff’s Motion to Dismiss (Doc. No. 88) is GRANTED, and this case is DISMISSED WITHOUT 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 D. AO. Ca JR. CHIEF UNITED STATES DISTRICT JUDGE

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Related

Thomas v. Arn
474 U.S. 140 (Supreme Court, 1986)