Opinion

Lewis-Smith v. Sumner County Government Board of Commissioners & Officers

Court
District Court, M.D. Tennessee
Filed
Apr 24, 2024
Cited by
0 cases
Authority
More cited than 31.8%

The opinion

IN THE UNITED STATES DISTRICT COURT FOR THE

MIDDLE DISTRICT OF TENNESSEE

NASHVILLE DIVISION

CHERYL LEWIS-SMITH, )

)

Plaintiff, )

) NO. 3:23-cv-01248

v. )

) JUDGE RICHARDSON

SUMNER COUNTY GOVERNMENT )

BOARD OF COMMISSIONERS & )

OFFICERS, et al., )

)

Defendants.

ORDER

Pending before the Court is the magistrate judge’s Report and Recommendation (“R&R”)

from April 1, 2024 (Doc. No. 11). The R&R recommends that the Court grant Defendants’ Motion

to Dismiss (Doc. No. 6), which seeks dismissal of some of the claims in this case. Plaintiff has not

filed any opposition to the R&R.

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. Id.

Accordingly, the R&R (Doc. No. 11) is adopted as unopposed, and the motion at Doc. No.

6is GRANTED. Plaintiffs claims against the individually named Defendant employees of Sumner

County and Commissioners should be dismissed. Her claims against all Defendants under the

FMLA, ADEA and for retaliation should likewise be DISMISSED. Plaintiff's remaining claims

should proceed against Sumner County Tennessee.

IT IS SO ORDERED.

Che Richardson

CL Ruel

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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