From Casetext: Smarter Legal Research

Malone v. Shelby Cnty.

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DISTRICT
Feb 21, 2019
No. 2:18-cv-02201-MSN-tmp (W.D. Tenn. Feb. 21, 2019)

Opinion

No. 2:18-cv-02201-MSN-tmp

02-21-2019

APRIL MALONE and CELITRIA WATSON, Plaintiffs, v. SHELBY COUNTY; PAUL HAGERMAN, Assistant District Attorney, Individually and in his Official Capacity; AUSTIN SCHOLEFIELD, Individually and in his Official Capacity; CHRIS SCRUGGS, Individually and in his Official Capacity; CITY OF MEMPHIS; OFFICER THURMOND RICHARDSON, Individually and in his Official Capacity; OFFICER JONATHAN OVERLY, Individually and in his Official Capacity; and OFFICER WILLIAM ACRED, Individually and in his Official Capacity, Defendants.


ORDER ADOPTING REPORT AND RECOMMENDATION

Before the Court is the Magistrate Judge's Report and Recommendation on Defendant Shelby County's Motion for Judgment on the Pleadings, filed February 4, 2019 ("Report"). (ECF No. 69.) The Report recommends that Shelby County's motion be granted.

Congress enacted 28 U.S.C. § 636 to relieve the burden on the federal judiciary by permitting the assignment of district court duties to magistrate judges. See United States v. Curtis, 237 F.3d 598, 602 (6th Cir. 2001) (citing Gomez v. United States, 490 U.S. 858, 869-70 (1989)); see also Baker v. Peterson, 67 Fed.Appx. 308, 310 (6th Cir. 2003). For dispositive matters, "[t]he district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to." See Fed. R. Civ. P. 72(b)(3); 28 U.S.C. §636(b)(1). After reviewing the evidence, the court is free to accept, reject, or modify the magistrate judge's proposed findings or recommendations. 28 U.S.C. § 636(b)(1). 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. See Thomas v. Arn, 474 U.S. 140, 150 (1985). The district court should adopt the magistrate judge's findings and rulings to which no specific objection is filed. See id. at 151.

The deadline to object to the Report has passed, and Plaintiff has filed no objections. The Court has reviewed the Report for clear error and finds none. For the foregoing reasons, the Court ADOPTS the Report and GRANTS Defendant Shelby County's Motion for Judgment on the Pleadings, dismissing this civil action as to the County.

IT IS SO ORDERED, this 21st day of February, 2019.

s/ Mark S. Norris

MARK S. NORRIS

UNITED STATES DISTRICT JUDGE


Summaries of

Malone v. Shelby Cnty.

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DISTRICT
Feb 21, 2019
No. 2:18-cv-02201-MSN-tmp (W.D. Tenn. Feb. 21, 2019)
Case details for

Malone v. Shelby Cnty.

Case Details

Full title:APRIL MALONE and CELITRIA WATSON, Plaintiffs, v. SHELBY COUNTY; PAUL…

Court:UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DISTRICT

Date published: Feb 21, 2019

Citations

No. 2:18-cv-02201-MSN-tmp (W.D. Tenn. Feb. 21, 2019)