Passion Ray v. Glenn Funk, et al.

Summary

The United States District Court for the Middle District of Tennessee adopts a magistrate judge’s report and recommendation without objection. The court grants Glenn Funk’s motion to dismiss and dismisses without prejudice the plaintiff’s remaining claims against Funk and “The District Attorney’s Office” for lack of subject-matter jurisdiction or abandonment. The Clerk is directed to enter judgment and close the case.

Holdings

1. When no party files a proper objection to a report and recommendation on a dispositive pretrial matter, the district court is not required to conduct de novo or other independent review and may adopt the recommendation.
2. Defendant Funk’s motion to dismiss is granted, and Ray’s remaining claims against Funk and The District Attorney’s Office are dismissed in their entirety without prejudice.

Questions Presented

1. Whether the district court should adopt the magistrate judge’s report and recommendation when no party filed timely objections.
2. Whether Defendant Glenn Funk’s motion to dismiss should be granted.
3. Whether Ray’s remaining claims against Funk and The District Attorney’s Office should be dismissed without prejudice for lack of subject-matter jurisdiction or because Ray had signaled her desire to abandon the action.

Disposition

dismissed