Luiz Diaz v. Emmanuel Akinyele, et al.

No. 3:23-cv-00236 (M.D. Tenn. May 7, 2026) · United States District Court for the Middle District of Tennessee, Nashville Division · May 7, 2026 · No. 3:23-cv-00236

Summary

The United States District Court for the Middle District of Tennessee adopts a magistrate judge’s report and recommendation in an Eighth Amendment deliberate-indifference action concerning treatment of the plaintiff’s foot condition while incarcerated. The court denies Plaintiff Luiz Diaz’s motion for summary judgment, grants Defendant Emmanuel Akinyele’s motion for summary judgment, dismisses the claims against Akinyele and Frank Strada, and directs the Clerk to enter judgment and close the case.

Holdings

  1. When no party files a proper objection to a magistrate judge's report and recommendation on a dispositive matter, the district court is not required to conduct de novo or independent review and may adopt the recommendation.
  2. Defendant Akinyele's motion for summary judgment was granted, and Diaz's Eighth Amendment claim against him was dismissed.
  3. The official-capacity claim against Strada for injunctive relief was dismissed because it depended on an entitlement to relief based on the claim against Akinyele, and the claim against Akinyele was dismissed.

Questions Presented

  1. Whether the unobjected-to report and recommendation should be adopted under Federal Rule of Civil Procedure 72(b).
  2. Whether Defendant Akinyele was entitled to summary judgment on Diaz's Eighth Amendment deliberate-indifference claim.
  3. Whether Diaz's official-capacity claim for injunctive relief against Defendant Strada could continue after the claims against Akinyele were dismissed.

Disposition

other

Cases Cited (5)

  • Frias v. Frias, No. 2:18-CV-00076, 2019 WL 549506, at *2 (M.D. Tenn. Feb. 12, 2019)(cited)
  • Hart v. Bee Property Management, Inc., No. 18-CV-11851, 2019 WL 1242372, at *1 (E.D. Mich. Mar. 18, 2019)(cited)
  • Thomas v. Arn, 474 U.S. 140, 149-50 (1985)(followed)
  • Ashraf v. Adventist Health System/Sunbelt, Inc., 322 F. Supp. 3d 879, 881 (W.D. Tenn. 2018)(cited)
  • Benson v. Walden Security, No. 3:18-CV-00010, 2018 WL 6322332, at *3 (M.D. Tenn. Dec. 4, 2018)(cited)

Cited In (0)

No citing cases on record yet.

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