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

> District Court, M.D. Tennessee · April 24, 2024

URL: https://www.frixlaw.com/law-library/cases/10669726

## Case

- **Court:** District Court, M.D. Tennessee
- **Decided:** April 24, 2024
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10669726

## Opinion text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10669726. Public record. Not legal advice.