Ruther v. Sun Trust Bank, No. 3:2010cv00318 - Document 6 (E.D. Tenn. 2010)
Court Description: MEMORANDUM OPINION accepting in whole Magistrate Judge C. Clifford Shirley's Report and Recommendation 3 , whereby plaintiff's complaint is dismissed with prejudice. Signed by District Judge Thomas W Phillips on August 10, 2010. (copy mailed to Mr. Ruther) (AYB)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE L. RUTHER, ) ) ) ) ) ) ) ) ) Plaintiff, v. SUNTRUST BANK, et al., Defendants. No. 3:10-CV-318 (Phillips/Shirley) MEMORANDUM AND OPINION This matter is before the Court on the Report and Recommendation ( R&R ) filed by United States Magistrate Judge C. Clifford Shirley [Doc. 3]. There have been no timely objections to the R&R [Doc. 3], and enough time has passed since the filing of the R&R [Doc. 3] to treat any objections as having been waived. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b). After a careful review of this matter, the Court is in complete agreement with the magistrate judge s conclusion that Plaintiff s complaint [Doc. 1] should be DISMISSED WITH PREJUDICE for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii). Accordingly, the Court ACCEPTS IN WHOLE the R&R [Doc. 3] under 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b), whereby Plaintiff s complaint is DISMISSED WITH PREJUDICE. See Pointer v. Wilkinson, 502 F.3d 369, 377 (6th Cir. 2007) (recognizing that dismissing a claim under 28 U.S.C. § 1915 for failure to state a claim operates as a dismissal with prejudice ). 1 IT IS SO ORDERED. ENTER: s/ Thomas W. Phillips United States District Judge 2
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