Opinion

Novatne v. Elrod

Court
District Court, M.D. Tennessee
Filed
Nov 8, 2021
Cited by
0 cases
Authority
More cited than 29.7%

“a court cannot create a claim which [a plaintiff] has not spelled out in his pleading”

How later courts described this case

  • “a court cannot create a claim which [a plaintiff] has not spelled out in his pleading”
  • affirming sua sponte dismissal of complaint pursuant to Fed. R. Civ. P. 8(a)(2) and stating, “[n]either this court nor the district court is required to create Payne’s claim for her”

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT FOR THE

MIDDLE DISTRICT OF TENNESSEE

NASHVILLE DIVISION

STEPHEN CHRISTOPHER NOVATNE, )

)

Plaintiff, ) NO. 3:19-cv-00821

)

v. ) JUDGE RICHARDSON

)

F/N/U ELROD, ET AL., )

)

Defendant. )

ORDER

Pending before the Court is a Report and Recommendation of the Magistrate Judge (Doc.

No. 99), recommending that this action be dismissed with prejudice under Rule 41(b) for Plaintiff

Stephen Christopher Novatne’s failure to prosecute. No Objections to the Report and

Recommendation have been filed.1

1 Plaintiff mailed a letter to the Court dated October 5, 2021 labeled “Response + Argument +

Evidence of Postage,” which was received by the Clerk of Court on October 25, 2021. In this letter,

Plaintiff details his difficulties sending and receiving legal mail and his belief that he has not

received from Defendants certain DVD footage dated June 7th which he contends is necessary to

defend his case. (Doc. No. 110 (“Response”) at 1-3). But even considering that “[p]ro se

complaints are to be held to less stringent standards than formal pleadings drafted by lawyers and

should therefore be liberally construed.” Williams v. Curtin, 631 F. 3d 380, 383 (6th Cir. 2011)

(internal quotation marks and citation omitted), the Court cannot construe Plaintiff’s Response to

be an Objection to the Report and Recommendation. See also Brown v. Matauszak, 415 F. App’x

608, 613 (6th Cir. 2011) (“a court cannot create a claim which [a plaintiff] has not spelled out in

his pleading”) (internal quotation marks and citation omitted); Payne v. Sec’y of Treas., 73 F.

App’x 836, 837 (6th Cir. 2003) (affirming sua sponte dismissal of complaint pursuant to Fed. R.

Civ. P. 8(a)(2) and stating, “[n]either this court nor the district court is required to create Payne’s

claim for her”). Plaintiff’s Response makes no mention of the Report and Recommendation

whatsoever, let alone raise specific objections to the Report and Recommendation’s contents. For

these reasons, the Court finds that Plaintiff has not objected to the Report and Recommendation

and proceeds accordingly.

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, this action is DISMISSED

WITHOUT PREJUDICE under Rule 41(b) for Plaintiff's failure to prosecute, and the Clerk is

directed to close the file. This Order shall constitute the final judgment in this case under Fed. R.

Civ. P. 58.

IT IS SO ORDERED.

cA Richordtor

Che Ruch

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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