Opinion

Anderson v. Drug Enforcement Administration

Court
District Court, W.D. Tennessee
Filed
Aug 7, 2020
Cited by
0 cases
Authority
More cited than 29.7%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TENNESSEE

WESTERN DIVISION

______________________________________________________________________________

CANTRAL JAMES ANDERSON,

Plaintiff,

v. No. 2:20-cv-02071-MSN-cgc

DRUG ENFORCEMENT ADMINISTRATION,

and DEA AGENTS, Four White Men,

Defendants.

______________________________________________________________________________

ORDER ADOPTING REPORT AND RECOMMENDATION

______________________________________________________________________________

Before the Court is Magistrate Judge Charmaine Claxton’s Report and Recommendation

(“Report”), submitted on July 23, 2020. (ECF No. 7.) The Report recommends that Plaintiff’s

complaint be dismissed pursuant to 28 U.S.C. § 1915 for failure to state a claim upon which relief

may be granted. (Id. at PageID 12.) Plaintiff has not filed an objection to the Report and the time

to do so has passed. For the reasons set forth herein, the Court ADOPTS the Report and

DISMISSES Plaintiff’s complaint pursuant to 28 U.S.C. § 1915.

LAW AND ANALYSIS

Pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Criminal Procedure 59, a district

court may refer a motion to suppress to a magistrate judge for the preparation of a report and

recommendation. “The magistrate judge must promptly conduct the required proceedings and enter

on the record a recommendation for disposing of the matter, including any proposed findings of

fact.” Fed. R. Crim. P. 59(b)(1). If a party files timely objections to the recommendation, the district

court must consider those objections de novo and “accept, reject, or modify the recommendation.”

Fed. R. Crim. P. 59(b)(3).

“The filing of objections to a magistrate’s report enables the district judge to focus attention

on those issues—factual and legal—that are at the heart of the parties’ dispute.” Thomas v. Arn,

474 U.S. 140, 147 (1985). Therefore, objections to a magistrate judge’s report must be “specific.”

Fed. R. Crim. P. 59(b)(2). Vague, general, or conclusory objections are improper, will not be

considered by the reviewing court, and are “tantamount to a complete failure to object.” Cole v.

Yukins, 7 F. App’x 354, 356 (6th Cir. 2001); see also Miller v. Currie, 50 F.3d 373, 380 (6th Cir.

1995) (“[A] general objection to a magistrate’s report, which fails to specify the issues of

contention, does not satisfy the requirement that an objection be filed. The objections must be clear

enough to enable the district court to discern those issues that are dispositive and contentious.”).

The Court need not review—under a de novo or any other standard—those aspects of a

report and recommendation to which no objection is made. Thomas v. Arn, 474 U.S. 140, 150–52

(1985). Failure to object to a magistrate judge’s findings or conclusions results in waiver of those

objections. Fed. R. Crim. P. 59(b)(2). A district judge should adopt the findings and rulings of the

magistrate judge to which no specific objection is filed. Brown v. Board of Educ., 47 F. Supp. 3d

665, 674 (W.D. Tenn. 2014).

Here, the deadline to object to the Report has passed, and Plaintiff has not filed any

objections. The Court has reviewed the Report for clear error and finds none. For the foregoing

reasons, the Court ADOPTS the Report and DISMISSES Plaintiff’s complaint pursuant to 28

U.S.C. § 1915.

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IT IS SO ORDERED this 7th day of August, 2020.

s/ Mark Norris

MARK S. NORRIS

UNITED STATES DISTRICT JUDGE

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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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