Opinion

Brown v. State of Tennessee

Court
District Court, M.D. Tennessee
Filed
Nov 20, 2023
Cited by
0 cases
Authority
More cited than 29.7%

“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.”

How later courts described this case

  • “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.”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF TENNESSEE

NASHVILLE DIVISION

H.C. BROWN, JR. #578263, )

)

Plaintiff, )

)

v. ) NO. 3:22-cv-00754

)

STATE OF TENNESSEE, et al., )

)

Defendants. )

ORDER

Before the Court is the Magistrate Judge’s Report and Recommendation (“R&R”) (Doc.

No. 6) recommending dismissal this action without prejudice because H.C. Brown, Jr. has failed

to timely serve Defendants pursuant to Federal Rule of Civil Procedure 4(m). Two full months

have passed and neither party has filed an objection.

When neither party objects to the R&R within 14 days of service, the Court need not review

the matter independently. 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.”). Despite

this, the Court reviewed the R&R and agrees with its recommended disposition.

The R&R is APPROVED AND ADOPTED, and this action is DISMISSED WITHOUT

PREJUDICE pursuant to Federal Rule of Civil Procedure 4(m).

This is a final order. The Clerk shall enter judgment in accordance with Federal Rule of

Civil Procedure 58 and close the file.

1

IT IS SO ORDERED.

WAVERLY AD Cins JR.

CHIEF 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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.